labour law guide for the organisation of eastern caribbean

X Labour Law Guide for the Organisation of Eastern Caribbean States (OECS)

ILOLabour Law

Guide for the Organisation of Eastern Caribbean States

X Labour Law Guide for the Organisation of Eastern Caribbean States (OECS)

Prepared by Westmin James and Rashad Brathwaite

Copyright © International Labour Organization 2021First published 2021

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_____________________________________________________________________________________

ILO Cataloguing in Publication Data

Labour Law Guide for the Organisation of Eastern Caribbean States (OECS)

International Labour Organization, Office for the Caribbean - Port of Spain: ILO, 2021.

ISBN: 978-92-2-034840-6 (print)ISBN: 978-92-2-034841-3 (web PDF)

ILO DWT and Office for the Caribbean

_____________________________________________________________________________________

The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers.

The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them.

Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval.

ILO publications and digital products can be obtained through major booksellers and digital distribution platforms, or ordered directly from [email protected]. For more information, visit our website: www.ilo.org/publns or contact [email protected].

Visit the ILO Office for the Caribbean’s webpage: www.ilo.org/caribbean

Port of Spain, Trinidad and Tobago

Layout and editing by Suzanne Joseph, ILO DWT and Office for the Caribbean

1

X Contents

Abbreviations 4List of legislation by country 5Introduction 7 About this Guide 7 Background and context 7 How the Guide is organized 7 How to use the Guide 8 Disclaimer 8

X 1. Preliminary 9

Overview 91.1 ILO Conventions ratified by OECS Member countries and territories (status as of March 2021) 101.2 Definition of important terms 17

X 2. Fundamental principles and rights 29

Overview 292.1 Freedom of association 292.2 Prohibition of forced labour 292.3 Prohibition of child labour 302.4 Prohibition of discrimination (explored most comprehensively in Section 4 – equality of treatment) 30

X 3. Terms and conditions of employment 33

Overview 333.1 Particulars of the contract 363.2 Wages 373.3 Hours of work 383.4 Leave 38

X 4. Equality of opportunity and treatment 41

Overview 414.1 Prohibited grounds of discrimination 424.2 Scope of protection 434.3 Measures for company-level equality of opportunity and treatment including affirmative action 454.4 Measures at the company level for equal remuneration for men and women for work of equal value 454.5 Remedies at the company level (complaint procedures, etc.) 454.6 Remedies at the national level 46

X 5. Violence and sexual harassment 49

Overview 495.1 Definition 505.2 Duties of employers 515.3 Protection of victims at the company level (complaint procedures, remedies available) 515.4 Remedies at the national level 52

X 6. Maternity leave and protections 55

Overview 556.1 Entitlement to maternity leave 576.2 Protection against discrimination and unfair treatment due to pregnancy 586.3 Maternity benefits 586.4 Paternity leave 59

X 7. Children and youth in employment 61

Overview 617.1 Definitions and prohibitions 627.2 Special requirements 647.3 Regulation of jobs in which children or young persons are allowed to engage 65

X 8. Occupational safety and health 67

Overview 678.1 General - regulatory framework 698.2 Rights of employers and workers 718.3 Notification of accidents and occupational diseases to the authorities 718.4 Mechanisms at the company level 72

X 9. Social security benefits 75

Overview 759.1 Social security benefits available for workers 76

X 10. Termination of employment 95

Overview 9510.1 Types of dismissal and their procedures including notice periods and payment in lieu of notice 9910.2 Measures other than dismissal 10210.3 Termination due to redundancy 10210.4 Collective dismissal due to economic or operational reasons 10410.5 Claim processes, representation, tribunal and court 104

X 11. Labour relations 107

Overview 10711.1 Freedom of association 10911.2 Requirements for a trade union to be a bargaining unit 114

X Labour Law Guide for the Organisation of Eastern Caribbean States (OECS)2

3

11.3 Collective bargaining process (good faith, etc.) 11511.4 Collective agreements 11511.5 Regulation and procedures for industrial action and strikes 11611.6 Regulation and procedures for industrial action and strikes 11811.7 Settlements of industrial dispute by court, tribunal and/or other body (mechanisms and procedures) 119

X Contents


X Abbreviations

ATG Antigua and Barbuda

DEOA Disabilities and Equal Opportunities Act

DMA Dominica

ECD Eatern Caribbean dollar

Emp Act Employment Act

EWYPCA Employment of Women Young Persons and Children Act

GRD Grenada

IRA Industrial Relations Act

LRA Labour Relations Act

MSR Montserrat

OECS Organisation of Eastern Caribbean States

PEA Protection of Employment Act

PWA Protection of Wages Act

KNA Saint Kitts and Nevis

LCA Saint Lucia

VCT Saint Vincent and the Grenadines

ILO International Labour Organization

IMF International Monetary Fund

5

X List of legislation by country

Antigua and Barbuda X Civil Service Act, 1984 (No. 24 of 1984) X Disabilities and Equal Opportunities Act, 2017 (No. 32 of 2017) (DEOA) X Education Act, Chap. 145 X Employment of Children Prohibition Act, Chap. 151 X Essential Services Act, 2008 (No. 9 of 2008) X Labour Code Act, Chap. 27 and Regulations X Medical Benefits Act, Chap 271 X Minimum Wage Order, 2008 (S.I. 2008, No. 2) X National Insurance and Social Security (Benefit) Regulations, 1967 X Protection of Wages (Amendment) Act, 1971, No. 17 X Public Holidays Act, Chap 354 and Regulations X Recruiting of Workers Act, (Chap. 372) (No. 41 of 1941) X Social Security Act, Chap 408 and Regulations X Trade Disputes (Arbitration and Settlement) (Amendment) Act, 1971, No. 16 X Trade Disputes (Arbitration and Settlement) Ordinance, 1967, No. 13

Dominica X Accident and Occupational Diseases Notification Act, Chap 89:51 X Education Act, No 11 of 1997 X Employment of Children Protection Act, Chap 90:05 X Employment of Women Young Persons and Children Act, Chap 90:06 (EWYPCA) X Employment of Safety Act, Chap 90:08 (DES) X Factory and Machinery Rules SRO 16/1944 X Industrial Relations Act, Chap 89:01 (IRA) X Labour Contract Act, Chap 89:04 X Labour Standards Act, Chap 89:05 X Labour Standards (Minimum Wage) Order SRO 10 of 2008 X Police Act, Chap 14:01 X Protection of Employment Act, Chap 89:02 (PEA) X Protection of Wages Act, Chap 89:07 (PWA) X Social Security Act, Chap 31:01 X Trade Union Act, Chap 89:03 X Transnational Organized Crime (Prevention and Control) Act, 13 of 2013

Grenada X Factories Act, Chap 100 X Labour Relations Act, Chap 157A (LRA) X Employment Act, Chap 89 (Emp Act) X Minimum Wage Order SRO 30/2011 X National Insurance Act and Regulations, Chap 205 X Prison Act, Chap 235 X Recruitment of Workers Act, Chap 277

Montserrat X Labour Code, Chap 15:03 X Social Security Act and Regulations, Chap 18:09


Saint Kitts and Nevis X Accidents and Occupational Diseases (Notification) Act, Chap 9:01 X Employment of Women, Young Persons and Children Act, Chap 18:10 (EWYPCA) X Factories Act, Chap 330 X Fatal Accidents Act, Chap 23:10 X Holidays with Pay Act, Chap 18:15 X Labour Act, Chap 18:18 X Minimum Wage Order No. 35 of 2008 X Police Act, Chap 19:07 X Protection of Employment Act, Chap and Regulations 18:27 (PEA) X Protection of Wages Act, Chap 18:28 (PWA) X Public Service Act, Chap 22:09 X Public Service (Conduct and Ethics of Officers) Code SRO No. 9 of 2014 X Public Service Standing Orders SRO No. 11 of 2014 X Social Security Act and Regulations, No. 13 of 1977 X Trade Union Act, Chap 353 X Trade Disputes (Arbitration and Inquiry) Act, Chap 18:35 X Trafficking in Persons Act, No. 32 of 2008

Saint Lucia X Counter Trafficking Act, Chap 3:17 X Education Act, Chap 18:01 X Fire Service Act, Chap 14:04 X Labour Code, Chap 16:04 X National Insurance Act and Regulations, Chap 16:01

Saint Vincent and the Grenadines X Accidents and Occupational Diseases (Notification) Act, Chap 205 X The Civil Service Orders X Employment of Women Young Persons and Children Act, Chap 209 (EWYPCA) X Equal Pay Act, Chap 210 X Essential Services Act, Chap 211 X Factories Act, Chap 467 X Police Act, Chap 391 X Prevention of Trafficking in Persons Act, No 27 of 2011 X Protection of Employment Act, Chap 212 X Recruiting of Workers Act, Chap 213 X National Insurance Act and Regulations, Chap 296 X Trade Union Act, Chap 216

7

X Introduction

About this GuideThis Labour Law Guide offers guidance for a range of stakeholders involved in implementing labour legislation in the corporate environment to create harmonious, dynamic and fair industrial relations. In this harmonious climate, companies can grow and develop sustainably, and the welfare of workers and their families can be continually improved. It is designed as a quick reference to identify the primary rights, powers, and obligations of employers, workers, unions, and governments under labour laws in various Organisation of Eastern Caribbean States (OECS) Member States. The Guide can be useful to employers and their organizations, workers and unions, policymakers, non-governmental organizations (NGOs), investors, and others. This Guide provides a single access point for labour laws in the OECS, covering all significant areas in the sub-region. It is derived from various labour laws, regulations and international labour law standards that have been ratified by Member States of the OECS and their Constitutions. It is hoped that this will facilitate:

X Greater understanding and insight by employers of their legal obligations; X Compliance with laws and promotion of decent work principles; X Formal business, trade and employment in and between the OECS countries, complementing the CARICOM Single Market Economy;

X Greater certainty with legal prescripts; X A platform for policy coherence and best practice in the OECS; and X Confidence in labour law systems in the OECS.

Background and contextKnowing which labour laws apply in a particular jurisdiction is an integral part of doing business in any country. However, finding the relevant laws in a credible, concise, accessible and affordable format is frequently a challenge. Employers’ organizations have requested the Labour Law Guide to assist domestic and foreign enterprises that wish to do business and trade within the OECS. This Guide is handy for existing domestic, smaller enterprises and formalizing businesses with limited resources in providing a useful starting point. It gives concise and detailed information about the labour laws of the OECS founding Member States, i.e., Antigua and Barbuda (ATG), Dominica (DMA), Grenada (GRD), Montserrat (MSR), Saint Kitts and Nevis (KNA), Saint Lucia (LCA) and Saint Vincent and the Grenadines (VCT).

How the Guide is organized The information in the Guide is presented in (i) short narratives; and (ii) comparative tables covering 11 areas including:

1. Preliminary (definition, scope);2. Fundamental principles and rights;3. Terms and conditions of employment;4. Equality of opportunity and treatment;5. Violence and harassment including sexual harassment;6. Maternity protection;7. Employment of children and young persons;8. Occupational safety and health;9. Social security benefits;10. Termination of employment; and11. Labour relations.


How to use the GuideThe Guide focuses chiefly on labour law for private-sector workers and employers, though aspects of the regulation of workers in the public sector are covered. Some provisions generally apply to all workers. In some cases, regulations cover only specific sectors, such as factories. Readers can turn to the individual areas of law that are of interest, such as maternity leave. There, the reader will find a written summary that covers a basic overview of key provisions of the law that regulate the specific area. After the summary, for a more detailed view, the reader can turn to the comparative table, which provides the individual legislative references.

DisclaimerThe information contained in this document is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act, or refrain from acting, based on any content included in this document without seeking legal or other professional advice. This Guide contains general information and is not a substitute for the actual legal texts of the relevant legislation for each of the seven countries in the OECS.

9

X 1PreliminaryOverviewThis list shows ratified Conventions which are in force, i.e. applicable to the country. Some older Conventions, although ratified, are no longer in force for the country for different reasons. For instance, they are denounced upon ratification of newer Conventions which replaced the old ones. In other cases, they are abrogated (abolished) by the International Labour Conference (ILC), the highest decision-making Body of the ILO.

Some Conventions require declarations upon its ratification. One such example is a declaration under the Minimum Age Convention, 1973 (No. 138) concerning a general minimum age for employment. Another example is a declaration under the Migration for Employment Convention (Revised), 1949 (No. 97) concerning parts of the Convention that the ratifying country accepts to be bound. The latter is an exceptional case, as States usually cannot make reservations for ILO Conventions. Some ILO Conventions, however, offer such option and require ratifying States to indicate their decision on it in a declaration to be made upon ratification. Where such declarations are required and made by the ratifying countries, they are indicated with two asterisks (**) beneath the Convention concerned.

For further information, visit ILO’s NORMLEX database (https://www.ilo.org/normlex):

X For the latest information on ratification, click "Ratification by ILO Convention" X For the texts of the ILO Conventions, click "Instruments"

https://www.ilo.org/normlex

https://www.ilo.org/normlex

https://www.ilo.org/dyn/normlex/en/f?p=1000:12001:::NO:::



ILO subject classification

Antigua and Barbuda

Dominica Grenada Montserrat Saint Kitts and Nevis

Saint Lucia Saint Vincent and the Grenadines

0. Fundamental Conventions (also known as Core Conventions) – They are eight Conventions on the following subject matters:

X Freedom of association and collective bargaining;

X Abolition of forced labour;

X Elimination of child labour; and

X Equality in employment and occupation

X Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

X Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

X Forced Labour Convention, 1930 (No. 29)

X Abolition of Forced Labour Convention, 1957 (No. 105)

X Minimum Age Convention, 1973 (No. 138) **Minimum age specified: 16 years

X Worst Forms of Child Labour Convention, 1999 (No. 182)

X Equal Remuneration Convention, 1951 (No. 100)

X Discrimination (Employment and Occupation) Convention, 1958 (No. 111)









X Freedom of Association and Protection of the Right to Organ-ise Convention, 1948 (No. 87)



































X

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1.1 ILO Conventions ratified by OECS Member countries and territories (status as of March 2021)

11


Antigua and Barbuda



1. Freedom of association, collective bargaining and industrial relations(other than the two fundamental Conventions (Conventions Nos. 87 and 98) shown above)

X Right of Association (Agriculture) Convention, 1921 (No. 11)

X Workers’ Representatives Convention, 1971 (No. 135)

X Labour Relations (Public Service) Convention, 1978 (No. 151)

X Collective Bargaining Convention, 1981 (No. 154)


X Workers’ Representatives Convention, 1971 (No. 135)



X Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84)

X (The fundamental Conventions only)


X Collective Bargaining Convention, 1981 (No. 154)


2. Forced labour (other than the two fundamental Conventions (Conventions Nos. 29 and 105) shown above)








3. Elimination of child labour and protection of children and young persons (other than the two fundamental Conventions (Conventions Nos. 138 and 182) shown above)




X Minimum Age (Industry) Convention, 1919 (No. 5)

X Minimum Age (Industry) Convention (Revised), 1937 (No. 59)


X Minimum Age (Industry) Convention, 1919 (No. 5)


X

Preliminary

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1.1 ILO Conventions ratified by OECS Member countries and territories (status as of March 2021) (Continued)

X

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4. Equality of opportunity and treatment (other than the two fundamental Conventions (Conventions Nos. 100 and 111) shown above)




X None X (The fundamental Conventions only)



5. Tripartite consultation

X Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)



X None X Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

X None X Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

6. Labour administration and inspection

X Labour Inspection Convention, 1947 (No. 81)** Excluding Part II.

X Labour Administration Convention, 1978 (No. 150)

X Labour Inspection Convention, 1947 (No. 81)

X Labour Administration Convention, 1978 (No. 150)

X Labour Inspection Convention, 1947 (No. 81)** Excluding Part II

X Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85)

X None X None X Labour Inspection Convention, 1947 (No. 81)

X Labour Inspection (Agriculture) Convention, 1969 (No. 129)

7. Employment policy and promotion

X Employment Policy Convention, 1964 (No. 122)

X None X None X None X None X None X Employment Policy Convention, 1964 (No. 122)

8. Vocational guidance and training

X Human Resources Development Convention, 1975 (No. 142)

X None X None X None X None X None X None

X

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9. Employment security

X Termination of Employment Convention, 1982 (No. 158)

X None X None X None X None X Termination of Employment Convention, 1982 (No. 158)

X None

10. Wages X Minimum Wage Fixing Convention, 1970 (No. 131)

X Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)

X Protection of Wages Convention, 1949 (No. 95)



X Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99)



X None X Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)




11. Working time X Weekly Rest (Industry) Convention, 1921 (No. 14)

X Holidays with Pay (Agriculture) Convention, 1952 (No. 101)

X Weekly Rest (Industry) Convention, 1921 (No. 14)



X None X Weekly Rest (Industry) Convention, 1921 (No. 14)



12. Occupational safety and health

X Occupational Safety and Health Convention, 1981 (No. 155)

X Occupational Health Services Convention, 1985 (No. 161)

X None X Occupational Safety and Health Convention, 1981 (No. 155)

X None X None X None X None

X

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X

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13. Social security X Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12)

X Workmen’s Compensation (Accidents) Convention, 1925 (No. 17)

X Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)

X Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12)







X Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42)

X None X Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12)





X Social Security (Minimum Standards) Convention, 1952 (No. 102)** Has accepted Parts II, III, V, VI, VIII, IX and X.

14. Maternity protection

X None X None X None X None X None X None X None

15. Social policy X Labour Clauses (Public Contracts) Convention, 1949 (No. 94)

X Labour Clauses (Public Contracts) Convention, 1949 (No. 94)


X Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82)

X None X Labour Clauses (Public Contracts) Convention, 1949 (No. 94)


X

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XIntroduction and context of the study


Antigua and Barbuda



16. Migrant workers

X None X Migration for Employment Convention (Revised), 1949 (No. 97)** Has excluded the provisions of Annexes I to III.

X Migration for Employment Convention (Revised), 1949 (No. 97)** Has excluded the provisions of Annexes I to III.

X Migration for Employment Convention (Revised), 1949 (No. 97)** Has excluded the provisions of Annex I and III and with modifications of Annex II.

X None X Migration for Employment Convention (Revised), 1949 (No. 97)** Has excluded the provisions of Annex I and III and with modifications of Annex II.

X None

17. HIV and AIDS X None X None X None X None X None X None X None

18. Seafarers X Seafarers’ Identity Documents Convention, 1958 (No. 108)

X Maritime Labour Convention, 2006 (MLC, 2006)** In accordance with Standard A4.5 (2) and (10), the Government has specified the following branches of social security: medical care; sickness benefit; and unemployment benefit.

X Amendments of 2014 to the MLC, 2006

X Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8)

X Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16)

X Seamen’s Articles of Agreement Convention, 1926 (No. 22)

X Seafarers’ Identity Documents Convention, 1958 (No. 108)




X Minimum Age (Sea) Convention, 1920 (No. 7)



X Minimum Age (Sea) Convention (Revised), 1936 (No. 58)

X Maritime Labour Convention, 2006 (MLC, 2006)** In accordance with Standard A4.5 (2) and (10), the Government has specified the following branches of social security: sickness benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit; and survivors’ benefit.


X Minimum Age (Sea) Convention, 1920 (No. 7)





X Maritime Labour Convention, 2006 (MLC, 2006)** In accordance with Standard A4.5 (2) and (10), the Government has specified the following branches of social security: sickness benefit; unemployment benefit; maternity benefit; and survivors’ benefit.

X

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X

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18. Seafarers (continued)



X Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

X Maritime Labour Convention, 2006 (MLC, 2006)** In accordance with Standard A4.5 (2) and (10), the Government has specified the following branches of social security: sickness benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit; and survivors’ benefit.








19. Fishers X None X None X None X None X None X None X None

20. Dockworkers X None X None X None X None X None X None X None

21. Indigenous and tribal peoples

X None X Indigenous and Tribal Peoples Convention, 1989 (No. 169)

X None X None X None X None X None

22. Specific categories of workers

X None X None X Domestic Workers Convention, 2011 (No. 189)

X None X None X None X None

X

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Terms Antigua and Barbuda



Child X A person under the age of 14 (Labour Code, sec E2)

X A person under the age of 12 (Employment of Children Prohibition Act, sec 2)

X A person under the age of 14 (EWYPCA, sec 2)

X A person who is under the age of 12(Employment of Children Prohibition Act, sec 2)

X Any person under the age of 16 (Emp Act, sec 2)

X A person under the age of 16 (Labour Code, sec 3)

X A person under 16(EWYPCA Act, sec 2)

X A person 15 and under (Labour Code, sec 2)

X A person under 14 (EWYPCA, sec 2)

Young person X A person who has ceased to be a child and who is under the age of 18 (Labour Code, sec E2)

X A person who has attained the age of 14 and is under the age of 18 (EWYPCA, sec 2)

X None X A person who has ceased to be a child and who is under the age of 18 (Labour Code, sec 3)

X A person who has ceased to be a child and who is under the age of 18 (EWYPCA, sec 2)

X A person who is over the age of 15 but who has not attained the age of 18(Labour Code, sec 2)

X A person who has ceased to be a child and who is under the age of 18 (EWYPCA, sec 2)

X A person who has attained the age of 14 and has not attained the age of 18 (Factories Act, sec 3)

1.2 Definition of important terms1.2.1 Categories of persons or workers

X

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Contractor X None X None X “Dependent contractor” means an employee, who performs work or service for someone for pay on such terms and conditions that the employee is, in relation to that person, in a position of economic dependence on, and under an obligation to perform duties for that person most closely resembling the relationship of employee than that of an independent contractor. (Emp Act, sec 2); LRA sec 2)

X “Dependent contractor” means an employee, who performs work or service for someone for pay on such terms and conditions that the employee is, in relation to that person, in a position of economic dependence on, and under an obligation to perform duties for that person most closely resembling the relationship of employee than that of an independent contractor. (Labour Code, sec 3)

X None X “Dependent contractor” means an employee, who performs work or service for someone for pay on such terms and conditions that the employee is, in relation to that person, in a position of economic dependence on, and under an obligation to perform duties for that person most closely resembling the relationship of employee than that of an independent contractor. (Labour Code, sec 2)

X None

Employer X A company, an unincorporated body or any person or his/her representatives, who contracts for or stands ready to contract an

X A person who employs one or more employees or the person who terminated the employment of that employee. (PEA, sec 2)

X Any person or undertaking, corporation, company, public authority or body of persons who or which employs any person to work under a contract

X A person, body corporate, undertaking, association, public authority or body of persons who or which employed or employs a person under an

X Any person or undertaking, corporation, company, public authority or body of persons who or which employs any person to work under a contract

X Any person or undertaking, firm, corporation, company, public authority or body of persons who or which employs any person under a contract of

X Any person or authority for whom an employee works or has worked under a contract of service whether such contract is oral or in writing,

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1.2.1 Categories of persons or workers (Continued)

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Employer continued employee for the services or labour. (Labour Code, A5)

X A person who employs one or more employees (LSA, sec 2)

of employment or uses the services of a dependent contractor, and includes the heirs, successors and assigns of an employer. (Emp Act, sec 2); LRA, sec 2)

employment contract, and includes the heirs, successors and assigns of an employer. (Labour Code, sec 3)

of employment or uses the services of a dependent contractor, or any person who, on behalf of any other person, employs any employee but does not include any person acting as agent for a disclosed principal. (PEA, sec 2)

employment or uses the services of a dependent contractor, commission agent or a contract worker; and the heirs, successors, agents and assigns of an employer including any statutory person or body of persons. (Labour Code, sec 2)

expressed or implied, for manual labour or otherwise, excluding the Crown and statutory boards, but only where special provisions already apply both as regards termination notice and retiring benefits. (PEA, sec 4)

X A person who employs one or more employees. (Equal Pay Act, sec 2)

Managerial employee

X None X Any person employed by an employer and has the authority or who makes effective recommendations that will usually be acted upon to hire, fire employees or suspend them without pay or employed to have

X Means an employee who has and exercises authority in the interest of the employer to employ, transfer, inspect, lay off, recall, promote, dismiss, reward or discipline other employees or to deal with

X An individual who has managerial responsibilities and who works under a contract of employment.(Labour Code, sec 133)

X None X An employee who has the authority to employ, dismiss, suspend, lay-off, recall, transfer, reward or discipline other employees or to deal with their grievances, or able to effectively recommend such action and requires

X None

X

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Managerial employee continued

full knowledge of the financial position of the business of the employer but does not include any person who is responsible for or has an effective voice in the formulation of policy in the business (IRA, sec 2)

their grievances or effectively to recommend such action when the exercise of such authority is not merely of a routine or clerical nature but requires independent judgment. (Emp Act, sec 2)

independent judgement; or is involved in management meetings where budget issues, cut-backs including lay-offs, reports, negotiations and management issues are discussed. (Labour Code, sec 2)

Employee X Any person who works or is ready to work under, a contract of employment whether oral or written, expressed or implied with an employer(Labour Code, A5)

X Any person employed by an employer.(LSA, sec 2)

X Includes a person who was formerly an employee but whose employment has been terminated. (PEA, sec 2)

X Means a person who offers his/her services under a contract of employment and includes a dependent contractor and, where appropriate, a former employee (Emp Act, sec 2)

X Means a person who enters into or who works under a contract of employment, whether the contract be oral or written, expressed or implied.(Labour Code, sec 3)

X Means a person who has entered into or works under a contract of employment with an employer, whether such contract be expressed or implied oral or written.(PEA, sec 2)

X A person who offers his or her services under a contract of employment, whether written, oral or implied, including a managerial employee, a dependent contractor, an apprentice, a part-time employee, a casual worker, a homeworker, a temporary worker, a seasonal employee and

X A person who works or has worked under a contract of service whether such contract is oral or in writing, expressed or implied, for manual labour or otherwise but does not include the director of a company or a partner in a partnership who is not also an employee of the firm;(PEA, sec 4)

X

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Managerial employee continued

full knowledge of the financial position of the business of the employer but does not include any person who is responsible for or has an effective voice in the formulation of policy in the business (IRA, sec 2)

their grievances or effectively to recommend such action when the exercise of such authority is not merely of a routine or clerical nature but requires independent judgment. (Emp Act, sec 2)

independent judgement; or is involved in management meetings where budget issues, cut-backs including lay-offs, reports, negotiations and management issues are discussed. (Labour Code, sec 2)

Employee X Any person who works or is ready to work under, a contract of employment whether oral or written, expressed or implied with an employer(Labour Code, A5)

X Any person employed by an employer.(LSA, sec 2)

X Includes a person who was formerly an employee but whose employment has been terminated. (PEA, sec 2)

X Means a person who offers his/her services under a contract of employment and includes a dependent contractor and, where appropriate, a former employee (Emp Act, sec 2)

X Means a person who enters into or who works under a contract of employment, whether the contract be oral or written, expressed or implied.(Labour Code, sec 3)

X Means a person who has entered into or works under a contract of employment with an employer, whether such contract be expressed or implied oral or written.(PEA, sec 2)

X A person who offers his or her services under a contract of employment, whether written, oral or implied, including a managerial employee, a dependent contractor, an apprentice, a part-time employee, a casual worker, a homeworker, a temporary worker, a seasonal employee and

X A person who works or has worked under a contract of service whether such contract is oral or in writing, expressed or implied, for manual labour or otherwise but does not include the director of a company or a partner in a partnership who is not also an employee of the firm;(PEA, sec 4)




Employee continued

X “Employee” means any person who has entered into or works under a contract with an employer to do any skilled, unskilled, manual, technical, clerical or other work for hire or reward, whether the contract is expressed or implied, oral or in writing and whether it is a contract of service or apprenticeship or a contract personally to execute any work or labour. It does not include managerial employee; or any person who is responsible for or has an effective voice in the formulation of policy in the business of the employer.(IRA Act, sec 2)

a person who is remunerated by commission where that person is not an independent contractor and where appropriate, a former employee. (Labour Code, sec 2)

X A person who has entered into or works under a contract of service or of apprenticeship. (Equal Pay Act, sec 2)

X

Preliminary

21


X

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Worker X “Workman” is used synonymously with “employee.” (Labour Code, A5)

X “Worker” means a person who is intended to be employed in work of any kind, whether manual or clerical and whether within or outside of Antigua and Barbuda. (Recruitment of Workers Act, sec 2)

X A person who performs manual labour, that is work ordinarily performed by mechanics, artisans, handicraftsmen, seamen, boatmen, transport workers, domestic servants and all labourers and any other similar work associated therewith. (PWA, sec 2)

X None X None X Means any person who has entered into or works under a contract with an employer whether the contract be by way of manual labour, clerical work or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour.(Labour Act, sec 2)

X None X None

X

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23




Essential service X Water services; electricity services; hospital services; fire services; prison services; air traffic control services; meteorological services; services rendered by persons employed in the Government Printing Office; services rendered by the Port Authority; services rendered by an entity providing telecommunications services; emergency medical services in 2014; immigration services; services provided by LIAT 1974 Ltd; services provided by ABS Radio and Television.(Essential Services Act, sec 2 and Schedule)

X Means any of the services in the banana industry, the citrus industry, the coconut industry, electricity services, health services, hospital services, prisons services, sanitary and water services, port services, fire services, telecommunications(IRA, sec 2 and Schedule)

X Electricity, water, public health protection, services including sanitation, hospital and nursing, airport, sea port and dock services including pilotage, fire, air traffic control, telephone, telegraph and overseas telecommunication, prisons, police (LRA, Sec 2, 2nd Schedule)

X The air traffic services (including meteorological, tecommunications, security, fire and crash services connected with airports), electricity service, fire service, medical and health services, police service, port services, prisons service, telecommunications services, and water service. (Labour Code, sec 3)

X None X Those services declared to be an essential service and are an undertaking which generates and supplies electricity to the public, telephone services, hospital services, any service undertaking the supply of water to the public, public health services, sanitation services, air traffic control and aeronautical control services. (Labour Code, sec 2 and Schedule 8)

X Electricity, water, hospital, and police. (Essential Services Act, sec 2)

1.2.2 Other basic terms

X

Preliminary

23

X

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Harassment or sexual harassment

X None X None X None X Unwanted conduct of a sexual nature in the workplace or in connection with the performance of work which is threatened or imposed as a condition of employment on the employee or which creates a hostile working environment for the employee. (Labour Code, sec 83)

X Unwelcomed or unwanted sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature in circumstances where— (a) submitting to or rejecting such conduct is an explicit or implicit term or condition of employment; (b) submitting to or rejecting the conduct is a basis for employment decisions affecting the individual; or (c) the conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.(The Public Service (Conduct and Ethics of Officers) Code, sec 52(2))

X Any unwanted conduct of a sexual nature in the workplace or in connection with the performance of work which is threatened or imposed as a condition of employment on the employee or which creates a hostile working environment for the employee. (Labour Code, sec 2)

X None

X

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1.2.2 Other basic terms (Continued)

25

XO

verview of the sugar industry before the closures




Indistrial action X Means any strike or lockout.(Labour Code, A5)

X None

X Includes a lockout, a strike, and an irregular industrial action (LRA, sec 50(2))

X None X None X Any strike and lockout and any action, including work to rule, picketing, sympathy strike and secondary boycott (Labour Act, sec 2)

X None

Lockout X Means the closing of a business place, suspension of work by an employer, or their refusal to continue to employ any number of employees, with a view toward inducing or compelling those employees directly, indirectly, or through their bargaining agent, to accept conditions of employment which the employer has offered but was rejected. (Labour Code, A5)

X None X None X None X None X None X None

X

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25


X

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Strike X Means the partial or total withdrawal of services from an employer by two or more of his/her employees, acting together under a common understanding, or at the request or upon the order of union either (a) as a protest against a condition of work or employer action related thereto; or (b) as a device to induce or compel their employer, or his bargaining agent, to accept conditions of employment which they have requested, which request has been refused. (Labour Code, A5)

X Means a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding; and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output, including action commonly known as a “sit-down strike” a “go-slow”, or a “sick-out.”(IRA, sec 2)

X Concerted stoppage of work by a combination of employees in contemplation or furtherance of a trade dispute whether they are parties to the dispute or not or whether the stoppage is or is not in breach of the terms and conditions of employment and whether it is carried out during or on the termination of the employment, but does not include an act or omission required for the safety or health of employees, or a refusal to work under section 65 of this Act; (LRA, sec 2)

X The concerted stoppage of work by employees in contemplation or furtherance of a trade dispute whether they are parties to the trade dispute or not or whether the stoppage is or is not in breach of the terms and conditions of employment and whether it is carried out during or on the termination of the employment, but does not include an act or omission required for the safety or health of employees, or refusal to work as a result. (Labour Code, sec 3)

X None X The cessation of work by a body of persons employed, acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed, to continue to perform work for an employer in consequence of a dispute, as a means of compelling their employer or any person or body of persons employed or to aid other employees in compelling their employer or any person or body of persons employed to accept or not accept terms or conditions of or affecting employment, but does not include action commonly known as a “sit-down strike” “go-slow”, “work-to-rule” or “sick- out”.(Labour Code, sec 2)

X None

X

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27

XO

verview of the sugar industry before the closures




Night or night work X Means work performed between 10 p.m. – 5 a.m. (Labour Code, E2)

X “Night” signifies a period of at least 11 consecutive hours between 10 p.m. and 5 a.m. (EWCYPA, sec 2)

X None, but no person under the age of 18 shall be employed or allowed to work between the hours of 9:00 p.m. to 6:00 a.m.(Emp Act, sec 40)

X “Night work” means work performed between the hours of 10:00 p.m. of 1 day and 5:00 a.m. on the following day.(Labour Code, sec 3)

X “Night” means at least eleven consecutive hours, including the interval between 10 p.m. and 5 a.m.

(EWYPCA, sec 2)

X "Night work” means any work, including overtime work, performed between the hours of 11:00 p.m. and 6:00 a.m. (Labour Code, sec 2)

X A period of at least 11 consecutive hours, between 10 p.m. and 5 a.m. (EWYPCA Schedule)

Probationary period

X Three months in duration, unless collective agreement permits otherwise. (Labour Code, C8)

X A period of not more than 6 months following the period of training. (Labour Contract Act, sec 13(1))

X Not more than 1 month in the case of unskilled workers; 3 months in the case of other workers, but which period may be extended by a collective agreement. (Emp Act, sec 29)

X Six months for employees of the rank of supervisor and above not more than 3 months for all other employees. (Labour Code, sec 33)

X A period not exceeding 4 weeks in the case of household employment or 3 months in the case of other employment. (PEA, sec 2)

X Three months/12 weeks.(Labour Code sec 2)

X Six months. (PEA, sec 7)

Salary/remuneration

X None X The provision of food, a dwelling-place or other allowances or privileges in addition to money wages, as a remuneration for his/her services, but does not include intoxicating liquor. (Protection of Wages Act, sec 13)

X The wage and any additional benefits, allowance, or emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the employee and arising out of the employee’s employment.(Emp Act, sec 2)

X Includes the receipt by the employee of food, a dwelling place or other allowances or privileges in addition to money wages as a remuneration for his/her service, provided that no employer shall

X None X Includes where applicable (a) wages in respect of labour performed or services rendered on scheduled workdays and public holidays; (b) cash value of any board or lodging provided

X In relation to an employee, includes (a) the salary or wages actually and legally payable to that employee; (b) the time and piece work wages and overtime, bonus and other payments; (c) the allowances,

X

Preliminary

27





Salary/remuneration continued

give to a worker any illicit drugs or intoxicating liquor by way of such remuneration. (Labour Code, sec 42)

by the employer; (c) overtime payments; (d) commissions; (e) service charge; (f) bonuses; (g) allowances of any kind; (h) ex-gratia awards or superannuation; (i) retirement benefits; (j) termination benefits; (k) notice pay; (l) severance pay; (m) holiday pay.(Labour Code, sec 2)

fees, commission and every other emolument including fringe benefits, whether in one sum or several sums and whether paid in money or not. (Equal Pay Act, sec 2)

Wages X Means any money or other thing paid or contracted to be paid, delivered, or given at periodic intervals, as remuneration for services or labour done or to be done. (Labour Code, A5)

X The entire amount earned by, or payable to, any worker in respect of any work done by him/her paid to him/her in Eastern Caribbean dollars, and every payment of, or on account of, any such wages made in any other form shall be illegal, null and void.(Protection of Wages Act, sec 5)

X All earnings and allowances capable of being expressed in terms of money payable for the work or services performed or to be performed by an employee.

X (Emp Act, sec 2)

X Means any money or any other benefits, however, designated or calculated, paid or contracted to be paid, delivered or given, at periodic intervals, as recompense, reward or remuneration for services rendered or labour done. (Labour Code, sec 3)

X Includes any salary or money contracted to be paid or required by law to be paid or given as a recompense, reward or remuneration for any such services, work or labour done or to be done. (PEA, sec 2)

X Means all payments including allowances payable to an employee in respect of work done or to be done under his or her contract of employment or contract of service, advances or loans.(Labour Code, sec 2)

X None

X

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29

X 2Fundamental principles and rights

Overview

2.1 Freedom of association1

X All OECS Member States’ constitutions explicitly protect freedom of assembly and association. Generally, there are broad freedom of association protections in the Labour Laws of OECS Member States, with exceptions concerning the ability to join a union for some senior civil servants, amongst others. There are legislative gaps which affect the effectiveness of this right to freedom of association.

X Generally, employees may form, choose, and decide whether to remain with a trade union. There are broad provisions for employers to form employer’s organizations.

X Across the OECS, discrimination based on trade union affiliation and retaliation, such as dismissal or any other sanction based on trade union activity, is prohibited. It represents unfair dismissal, where the labour law framework includes the concept of unfair dismissal. Remedies for these violations include compensation, damages, reinstatement, or reengagement.

2.2 Prohibition of forced labour Forced labour is generally prohibited in OECS countries. There are no express prohibitions in employment law in any jurisdictions except for Grenada and Montserrat, but there is a general prohibition covered in all constitutions. All jurisdictions exclude persons detained by sentence, state of emergency or labour by the disciplined forces from the definition of forced labour. Use of forced labour is a criminal offence in Montserrat and Grenada. Forced labour has not been judicially interpreted or expanded upon.

1 Explored in-depth in Section 11.


2.3 Prohibition of child labourGenerally, there is a regulatory framework distinguishing between children and young persons. However, some jurisdictions (as explored in Section 7) are more comprehensive and more strongly comply with the relevant ILO Conventions. Due to variability in minimum ages that are sometimes sector-specific, conflicts between the Education Act and Labour Legislation arise. As such, there are varying levels of clarity as to the minimum age. Some jurisdictions, such as Grenada, permit holiday employment for children under age 16, without specifying the minimum age, types of work, or the number of hours permitted for such work.

2.4 Prohibition of discrimination (explored most comprehensively in Section 4 – equality of treatment) All jurisdictions had provisions that prohibited discrimination by employers on a listed basis, including race, sex, disabilities, political opinion, and marital status. Some jurisdictions, like Saint Kitts and Nevis, cover religion indirectly via prohibitions on discrimination based on absence on a day of worship on Saturday or Sunday. Few jurisdictions explicitly prohibit discrimination based on HIV status. Others also prohibit compulsory pregnancy testing. Most jurisdictions have a broad, though an inexhaustive range of characteristics against which discrimination is prohibited.

31

XSocio-econom

ic impact of closure of sugar estates

X Prohibition of discrimination

Antigua and Barbuda



Child labour minimum age

X Unclear (14-16). (14, under the Labour Code); and (16, under Education Act)

X Unclear (14-16).(14, under the EWYPA); and(16, under Education Act)

X Clear (16). Minimum age for admission to employment is 16.(Emp Act, sec 32)

X Clear (16).Minimum age for admission to employment is 16.(Labour Code, sec 90)

X Unclear (16). Generally, the Education Act suggests 16; Sector-specific prohibitions - 16.(EWYPCA, secs 4 and 5)

X Clear - 15 years. Minimum age for admission to employment is 15.(The Labour Code, sec 122(1); Education Act, sec 27(1))

X Mostly clear (14 years).

X Minimum age for admission to employment is 15; the compulsory schooling age is 16 under the Education Act.(EWYPCA, sec 3)

Explicit prohibition of child labour

X Under 14 years in public or private agricultural/industrial business or ship.(Labour Code, sec E3)

X Under 14 years in any public or private or industrial business or any business or ship. (EWYPCA, secs 4(1) and 5)

X Under 16 years, in any public or private business.(Emp Act, sec 32)

X Under 16 years in public or private agricultural/industrial business or ship.(Labour Code, secs 90 and 91)

X Under 16 years in any business or a ship.(EWYPCA secs 4 and 5)

X Under 15 years in any employment.(The Labour Code, sec 122(1))

X Under 14 years in any business/ship.(EWYPCA, secs 3 and 4)

Forced labour protections

X PartialProhibited in the Constitution though national legislation does not explicitly prohibit it. (Constitution, sec 6 and Preamble);(Trafficking in Persons (Prevention) Act, sec 2)

X Partial Prohibited in the Constitution though national legislation does not specifically prohibit it.(Constitution, sec 4); (Transnational Organized Crime (Prevention and Control) Act, sec, 2 and 8)

X Comprehensive Prohibited in the Constitution and in national legislation with criminal sanctions. (Constitution, sec 4); (Emp Act, sec 25); (Prevention in Trafficking of Persons secs, 2 and 9)

X Comprehensive Prohibited in the Constitution and in national legislation with criminal sanctions.(Constitution, sec 55); (Labour Code, sec 78)

X Partial Prohibited in the Constitution though national legislation does not specifically prohibit it.(Constitution, sec 6); (Trafficking in Persons Act, secs 2, 3 and 4)

X Partial Prohibited in the Constitution and in national legislation but no criminal sanctions included. (Constitution, sec 4); (Labour Act, sec 6);(Counter Trafficking Act, secs 2 and 5)

X Partial Prohibited in the Constitution though national legislation does not specifically prohibit it.(Constitution, sec 4); (The Prevention of Trafficking in Persons Act, sec 3)

X

Fundamental principles and rights

31

X

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X Prohibition of discrimination

Antigua and Barbuda



Discrimination provisions

X Both direct and indirect discrimination on a broad list of characteristics prohibited.(Labour Code, C4); (The Disabilities and Equal Opportunities Act, sec 20)

X Both direct and indirect discrimination on a broad list of characteristics prohibited. (PEA, sec 10)

X Both direct and indirect discrimination on a broad list of characteristics prohibited. (Emp Act, sec 26(1))

X Both direct and indirect discrimination on a broad list of characteristics prohibited. (Labour Code, secs 79 and 80)

X Both direct and indirect discrimination on a broad list of characteristics prohibited. (PEA, sec 11(d))

X Both direct and indirect discrimination on a broad list of characteristics prohibited. (Labour Code, secs 7 and 267)

X Both direct and indirect discrimination on a broad list of characteristics prohibited.(PEA, sec 16 (d))

Equal pay for work of equal value

X Yes(Labour Code, secs C4 and E8)

X Yes21 (Labour Standards Act, sec 24)

X Yes(Emp Act, sec 27)

X Yes(Labour Code, sec 84)

X No X Yes(Labour Code, sec 270)

X Yes(Equal Pay Act, secs 3 and 7)

Explicit freedom of association protection

X Constitutionally protected and via Legislation.

X Constitutionally protected and implied via Legislation (though with some gaps).

X Constitutionally protected and via Legislation (though with some gaps).


X Constitutionally protected and via Legislation (though with some gaps).


X Constitutionally protected but no legislation.

2 There is no definition “equal remuneration for men and women for work of equal value” per se, but there is a provision which does not fully comply with the ILO requirement for work of equal value.

X

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X 3Terms and conditions of employment

Overview

Distinguishing between employees and independent contractorsThis Section focuses on the terms and conditions relevant to the employer-employee relationship, understood as a contract of service, as distinct from a contract for service - the independent contractor, which does not attract the same range of protections.31 'Employees', including dependent contractors, are entitled to the full suite of common law, and statutory employment rights.42 On the other hand, 'specific categories' of self-employed persons/independent contractors enjoy varying degrees of limited employment rights. The common law is used to determine whether the relation is a contract of service or a service contract. This assessment is done based on the substance of the contract, i.e., the work's actual operation, compared to the name given. Some factors to be considered include whether:

X there is an obligation on the part of the employee to give personal and exclusive service; X the work is done according to the employer's instruction; X the work carried out is subject to the control and direction of the employer; X the work is carried out within fixed hours or at a workplace or workplaces specified or agreed to by the employer; and

X the employee is subject to the business's procedures for addressing grievances and disciplinary matters.

3 Definitions of worker vary, with some appearing to fall into the scope of a service contract as in ATG. In contrast, workers in DOM, referring to manual labour, suggest an independent contractor relationship. A careful assessment will need to be conducted in each case.

4 In Pestaina v Dickenson Bay Management Ltd (Dba Sandals Antigua) [AG 2010 IC 4], the court spoke to the contract's broad range of protections. These included “guaranteed pay, employment in conformity with the Labour Code, a statement of working conditions, a statement upon termination, certain leave privileges, maternity rights, holiday with pay, the right not to be refused employment because of membership or non-membership of a trade union, a safe system of work, statutory sick pay, and redundancy payment.”


Common law principles have generally been adopted to define an independent contractor.53 Several tests have been developed to make this assessment. These common law principles focus on the level of control an employer has over a service or product, meaning, whether the employer actually defines what is being done and how the worker will accomplish it. Other considerations, when identifying someone as an independent contractor, may include:

X if the worker supplies his or her own equipment, materials and tools; X if the employer does not supply all necessary materials; X if the worker can be discharged at any time and can choose whether or not to come to work without fear of losing employment;

X if the worker controls the hours of employment; X if they are acting as an independent contractor; X whether the position is temporary or permanent.

No one factor is conclusive, and the weight to be attached will be determined on a case-by-case basis by the court. That evaluation will include the relationship, and its operation will be evaluated, along with any written agreement. Most OECS jurisdictions expressly exclude office holders from the definition of employees.

Implied termsSome terms are implied into the contract of employment. For employers, these include a duty to pay wages, a duty to provide work, a duty to maintain trust and confidence, the duty to provide a safe and healthy work environment, and a general duty to act in good faith. The employer has the following duties:

X to provide work in a safe and healthy work environment; X to pay the worker's salary; X to take reasonable care to prevent abuse, intimidation and sexual harassment; X to promote equality; X to maintain privacy and confidentiality; and X generally, to deal fairly and provide for economic security by carrying out obligations under the employment contract in good faith.

On the other hand, for employees, there are implied duties to obey reasonable and lawful orders, cooperate with the employer, exercise reasonable care and skill, maintain confidentiality and act in good faith.

Particulars of employment All countries surveyed required particulars of employment. Grenada, Dominica and Saint Vincent and the Grenadines specify the type of employment contracts for which particulars are not needed. For example, in Dominica it does not apply to employees who work on a part-time basis (less than 16 hours) or fixed terms of less than 12 weeks, or where there is a collective agreement that covers the relationship.

Typical details that are required are:

X the name and address of employer and employee; X the general responsibilities and related duties for which the employee is being employed; X the regular hours of work and rest periods;

5 Where there is a statutory framework, it has primarily involved codifying the existing common law principles as is the case in the Antigua and Barbuda Labour Code.

35

X the starting pay and method of computing pay; X the term of employment, if other than indefinite; X the period of probation, if any; X the employee’s leave and vacation privileges; and X the employee's obligations.

Dominica and Saint Kitts and Nevis are the most extensive, requiring other facets such as pay intervals, overtime pay and provisions concerning termination such as notice.

Probation Probation is generally three (3) months except for collective agreements in Antigua and Barbuda or Saint Vincent and the Grenadines which allows for six (6) months. During probation, the employer may terminate the employee’s contract without any reason except where it was based on the exercise of trade union rights.

RemunerationIn the OECS jurisdictions, remuneration refers to money paid in cash or kind. Remuneration is payable based on time worked, together with paid leave and holiday periods.

Minimum wageMinimum wages are set in all jurisdictions except Montserrat, with a general minimum wage in Antigua and Barbuda, and sector-specific minimum wages throughout the OECS.

Deductions Permissible deductions are generally legislated and include, as is the case in Antigua and Barbuda, taxes, deductions imposed by law, advances, reasonable costs for materials/tools requested by the employee which are not required, and payment of subscriptions to a registered trade union. The deductions may not exceed one third of gross wages.

Annual leave All OECS Member countries make provision for annual leave in their legislation. In most instances, this is set out based on full-time work, with provision for averaging of hours in the previous period if work has not been regular. Generally, leave amounts to the equivalent of between two and three weeks per year.

Working hours There was provision for a maximum number of weekly and daily hours of work in all countries surveyed. In most countries, the maximum hours of work per week was 40 ordinary hours, with daily hours being eight hours except in Antigua and Barbuda. In Grenada, there are variable hours, depending on the sector. Most jurisdictions specify a meal and break periods.

X Terms and conditions of employment

X

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Antigua and Barbuda



Particulars of contract required

X Yes (Labour Code, sec C5)

X Yes61 (Labour Contracts, sec 5)



X Yes(PEA (Written Terms and Conditions of Employment) Regulations, 1986)

X Yes72 (Labour Code, secs 13(2) and (3) and First Schedule)

X Yes (PEA, sec 8)

Time-period for furnishing details

X 10 days (Labour Code, sec C5)

X 14 days (Labour Contracts, sec 3)

X 10 days83 (Emp Act, sec 30)

X 10 days(Labour Code, sec 31)

X 14 days (PEA (Written Terms and Conditions of Employment) Regulations, 1986)

X 14 days (Labour Code, sec 13(1))

X 7 days (PEA, sec 8)

Procedure for amending94

X Yes (Labour Code, sec C5)

X Yes (Labour Contracts, sec 4)

X N/A X Yes105 (Labour Code, sec 31)

X N/A X Yes (by written agreement)(Labour Code, sec 17)

X Yes

Maximum probationary periods

X 3 months (Labour Code, sec C8)

X Not specified in Act, 6 months proposed in Schedule(Labour Contract; Standard Contract Schedule)

X 1 month and 3 months116 (Emp Act, sec 29(7))

X 3 months (employees)

X 6 months (supervisors)(Labour Code, sec 33)

X 1-3 months (PEA, sec 2)

X 3 months(Labour Code, sec 130)

X 6 months (PEA, sec 7)

Voiding of provisions in violation of minimum standards127

X Yes(Labour Code, secs C6 and C7)

X Yes(Labour Contract Act, sec 5(4))

X N/A X N/A X N/A X Yes(Labour Code, sec 13(4))

X Yes(PEA, sec 3(2))

6 Does not apply to the State or to fixed-term contract of less than two weeks or to agricultural workers in DMA or VCT. 7 Workers may request a written contract, where not employed under one, and they must be given within one month.8 Does not apply to employees who work on a part-time basis (less than 16 hours) or fixed terms of less than 12 weeks, or where there is a collective agreement.9 This permits the amendment of the contract but does not permit a change in working conditions to the extent that it fundamentally changes the nature of the contract to which the worker has entered into.10 Must be furnished to employee and Labour Commissioner.11 Unskilled workers and other workers respectively.12 Employers and workers may not mutually consent to alter the terms of the contract to be in breach of the Labour Code.

3.1 Particulars of contract X

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Antigua and Barbuda



Is a minimum wage set?131

X Yes X Yes (Labour Standards Act, secs 5 and 8)

X Yes X No X Yes (Minimum Wage Order No. 35 of 2008, Art. 2)

X Yes X Yes

General or sector-specific minimum wage

X General X Sector specific(LSA, Minimum Wage 2008, sec 2);(SRO #10 of 2008)

X Sector specific (Minimum Wage Order SRO 30/2011)

X N/A X Both142 (Minimum Wage Order No. 35 of 2008, Art. 2)

X Unavailable X Sector specific

If general, what is the rate?

X ECD8.20 (Minimum Wage Order 2014)

X N/A X N/A X N/A X ECD8.00 (Minimum Wage Order No. 35 of 2008 Art. 2)

X Unavailable X N/A

What are the permitted deductions?

X Material to be owned by employee; advances/loans/union dues(Labour Code, C30)

X Material to be owned by employee, Advances/loans/union dues(Protection of Wages Act sec 9)

X Optional coverage of furnishing, loans, advanced, funds (such as pensions, medical)(Emp Act, sec 49)

X Payment of pension funds (Labour Code, sec 46)

X Material to be owned by employee; Loans, contributions to pension scheme153 (PEA, sec 19)

X Material to be owned by employee; Loans(Labour Code, sec 53)

X Unavailable

What are the maximum deductions?

X 1/3 of salary(Labour Code, C30)

X 1/3 of salary(Protection of Wages Act, sec 9)

X N/A X N/A X 1/3 of salary (PEA, sec 19)

X 1/3 of salary(Labour Code, sec 53)

X Unavailable

13 Failure to pay the minimum wage in Antigua and Barbuda and Saint Lucia amounts to a criminal offence.

14 In Saint Kitts and Nevis, the general minimum wage does not apply to workers employed in casinos, hotels, restaurants or other related workers; security guards; domestic workers; watchmen; shop employees; and workers employed in the manufacturing sector.

15 Any deductions for any fine, or for bad or negligent work or for injury to the materials or other property of the employee, must first be approved by the Labour Commissioner in KNA and GRD.

3.2 Wages

37

XTerm

s and conditions of employm

ent

X

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Antigua and Barbuda



Direct discrimination

X Yes (Case Law (CL))

X Yes (CL)

X Yes (CL)


X Yes (CL)


X Yes (CL)

Indirect discrimination

X Yes (CL)

X Yes (CL)

X Yes (CL)


X Yes (CL)

X Yes X Yes (CL)

Shift in the burden of proof

X No X No X No X N/A X No X No X No

3.3 Hours of work

Antigua and Barbuda



Qualifying period for paid annual leave

X 1 year(Labour Code, sec C 18(1))

X 1 year (Labour Standards Act, sec 14);(Labour Contracts Act, Schedule sec 7(a))

X None X 1 year(Labour Code, sec 51)

X 1 year (The Holidays with Pay Act)

X 1 year (Labour Code, sec 97)

X Not specified

3.4 Leave

X

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39

Antigua and Barbuda



Paid annual leave X 12 days per year (Labour Code sec C8(1))

X Yes161 (Labour Standards Act, sec 14;Labour Contracts Act, Schedule sec 7(a))

X Yes172 (Emp Act sec 56)

X 2 weeks for employees with less than 10 years service;

X 3 weeks for employees with 10-19 years service;

X 4+ weeks for employees with 20 years service183 (Labour Code, sec 51)

X 14 days194 (The Holidays with Pay Act)

X 14 days (Labour Code, sec 97 & 2nd Schedule)

X Yes

Sick leave205 X 12 days in any one year(Labour Code, sec C17)

X Only provided under social security.

X 26 days216 (Emp Act, sec 71)

X 24 days(Labour Code, sec 52)

X Not specified X 12 days in any one year227 (Labour Code, secs 90-93)

X Not available

Qualifying period X Not specified X Not specified X 12 months (Emp Act, sec 72)

X 13 weeks (Labour Code, sec 52)

X Not specified X After 6 months(Labour Code, secs 90-93)

X Not available

16 Employee may opt for the payment of an amount calculated as the 4% of the wages paid during the year instead of enjoying the annual leave.

17 Agricultural worker, catering assistant, clerical assistant, construction worker, domestic worker, industrial worker, security guard and shop assistant – 2 weeks in 1st year of employment and 3 weeks thereafter. The legislation sets out a scheme for setting vacation for those who work on the basis of a half day. An person employed on a daily or hourly basis shall be allowed a period of paid vacation leave of not less than one work-ing day for every period of fifteen days or one hundred and twenty hours as the case may be - in Grenada only.

18 For part-time workers - An employee who is employed on a part-time basis or piece-work basis shall be paid vacation leave pay at the rate of 1/65th of the total basic wage earned, in respect of the last 13 weeks of employment (which need not be consecutive) immediately preceding the commencement of his or her vacation leave.

19 May be accumulated up to 28 days in KNA.

20 Medical evidence required on/after the third day in Antigua and Barbuda and Saint Lucia.

21 In Grenada, an employee is entitled to a maximum of five (5) uncertified sick days.

22 In Saint Lucia, sick leave accrues after not less than six (6) months service.

3.4 Leave (continued)

X

Terms and conditions of em

ployment

39

X

Labour Law G


ECS)40

X

Labour Law G


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Antigua and Barbuda



Family responsibility leave231

X None X N/A X Supplementary family leave.(Emp Act, sec 72)

X Yes, 2 weeks of paternity leave.(Labour Code, sec 53(3))

X N/A X Yes(Labour Code, sec 23(3)

X N/A

Other types of leave

X Special leave in public interest (public servants).(The Civil Service Regulations, 1993, sec117(1))

X N/A X Not specified X Compassionate leave where death or critical illness.

X (Labour Code, sec 56)

X N/A X N/A X Not available

23 In Saint Lucia, an employee’s period of continuous employment cannot be interrupted by virtue of taking leave – whether maternity, serious family circumstances, or sick leave.

3.4 Leave (continued)

41

X 4Equality of opportunity and treatment

Overview

Discrimination and equal opportunities All jurisdictions had provisions that prohibited discrimination by employers on a listed basis, including race, sex, disabilities, political opinion, and marital status. Some jurisdictions, like Saint Kitts and Nevis, cover religion indirectly via prohibitions on discrimination based on absence by a worker on a day of worship, whether Saturday or Sunday. Few jurisdictions explicitly prohibit discrimination based on HIV status.241 Others also prohibit compulsory pregnancy testing. Most jurisdictions have a broad though non-comprehensive range of characteristics against which discrimination should be prohibited.

Discrimination may be direct or indirect. It does not have to be intentional. Indirect discrimination refers to practices that appear to be neutral, but result in unequal treatment of people with certain characteristics. Harassment is considered discrimination when it is based on discriminatory grounds. Few jurisdictions include a direct duty of reasonable accommodation which means reasonable modification that does not result in undue hardship to the employer. It may, nonetheless, be implied in the duty not to discriminate indirectly.

Example: During the recruitment process, management should not ask irrelevant personal details about the prospective worker, such as their religion, whether they are married, their pregnancy status, sexual orientation or whether they have children. HIV screening, for example, may dissuade HIV+ individuals from applying for a job for which they are perfectly qualified.

Equal payAll the countries examined have a constitutional equality/non-discrimination guarantee, and most have statutory provision for equal remuneration for equal work for men and women. The principle of equal pay for work of equal value addresses a specific aspect of workplace discrimination, namely the undervaluation of work commonly done by a disadvantaged group. There are, however, inconsistencies in the extent of the protection and varied institutional mechanisms supporting the process.

24 A person’s real or perceived HIV/AIDS status must not be factored into decisions relating to hiring, working conditions, pay, opportunities for promotion, access to training, or termination. Employees with HIV and AIDS should be able to work as long as they are physically fit and are not endangering themselves or others in the workplace. Employers must take steps to prevent and control HIV/AIDS in the workplace, such as: • Developing a policy on HIV/AIDS prevention; • Communicating efforts to prevent and control HIV/AIDS, and educating workers on HIV/AIDS; • Protect workers with HIV/AIDS from discrimination; and • Implementing occupational health and safety procedures to prevent and control HIV/AIDS. Employers must not require workers to undergo HIV/AIDS tests as part of the hiring process or at any time during employment. If voluntary tests are conducted, employers must provide counselling before and after the test.

X

Labour Law G


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Antigua and Barbuda



Legislation expressly prohibit discrimination

(Labour Code, C4);(DEOA, sec 20)

(PEA, sec 10) (Emp Act, sec 26(1))

(Labour Code, secs 79 and 80)

(PEA, sec 11(d)) (Labour Code, secs 7 and 267)

(PEA sec ,16(d))

Race (Including colour and ethnicity)

X Yes X Yes X Yes X Yes X Yes X Yes X Yes

Creed (Religion) X Yes X Yes X Yes X Yes X Yes X Yes X Yes

Sex X Yes X Yes X Yes X Yes X Yes X Yes251 X Yes

Pregnancy X No X No X No X Yes X No X Yes X Yes

Age X Yes X No X Yes X Yes X No X Yes X No

Political belief X Yes X Yes X Yes X Yes X Yes X Yes X Yes

Disabilities X Yes262 X No X Yes X Yes X No X Yes X No

National extraction X No X Yes X Yes X Yes X Yes X No X No

Social origin/social status

X No X Yes X No X Yes X No X Yes X No

Marital status X No X Yes X Yes X Yes X No X Yes X Yes

Sexual orientation X No X No X No X Yes X No X No (Partial)273 X No

Family responsibilities

X No X No X Yes X Yes X Yes X Yes X No

HIV/AIDS X No X No X No X Yes X No X Yes X No

Trade union affiliation

X No X No X No X No X No X Yes X No

25 Sexual harassment constitutes discrimination on the basis of sex. sec 272 of the Saint Lucia Labour Code.26 Antigua and Barbuda Disabilities and Equal Opportunities Act, 2017 (DEOA).27 Sexual orientation is not a category of prohibited discrimination in sec 7, but an employer is also prohibited from dismissing an employee or institute disciplinary action based on an employee’s sexual orientation. (Labour Code, sec 131)

4.1 Prohibited grounds of discrimination X

Labour Law G


ECS)42

43

XEquality of opportunity and treatm

ent

Antigua and Barbuda



Direct discrimination

X Yes (Case Law (CL))

X Yes (CL)

X Yes (CL)

X Yes (Labour Code, sec 79)

X Yes (CL)


X Yes (CL)

Indirect discrimination

X Yes (CL)

X Yes (CL)

X Yes (CL)


X Yes (CL)

X Yes X Yes (CL)

Shift in the burden of proof

X No X No X No X No X No X No X No

4.2 Scope of protection

4.2.1 Forms of discrimination

Antigua and Barbuda



Category of individual

(Labour Code, secs A5 and A6); (DEOA, sec 20)

(PEA, sec 2) (Emp Act, secs 2 and 4)

(Labour Code, secs 2 and 4)

(PEA, secs 2 and 3) (Labour Code, secs 2 and 3)

(PEA, sec 4)

Applicants X Yes X No X Yes X Yes X No X Yes X No

Employee (Traditional)


Apprentice X Yes X No X No X Yes X No X Yes X No

Contractors (Dependent)

X Yes X No X Yes X Yes X No X Yes X No

Former employee X Yes X Yes X Yes X Yes X No X Yes X No

Public servants X No X No X No X Yes X No X Yes X No

Volunteers X No X No X No X No X No X No X No

4.2.2 Who is protected

43

X

Labour Law G


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Antigua and Barbuda



Hiring/recruitment X Yes X No X Yes X Yes X No X Yes X No

Training X Yes X No X Yes X Yes X No X Yes X No

Promotion X Yes X No X Yes X Yes X No X Yes X No

Terms and conditions


Classification and abolition of job


Catch-all (Any aspect of work-life)


Termination X Yes X Yes X Yes X Yes X Yes X Yes X Yes

4.2.3 What areas of the employment process are covered?

Antigua and Barbuda



Professional bodies X No X No X No X No X No X No X No

Partnerships X No X No X No X No X No X No X No

Vocational training bodies


Employment agencies


4.2.4 Relationships beyond employer/employee

X

Labour Law G


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4545

XEquality of opportunity and treatm

ent

Antigua and Barbuda



Temporary special measures /affirmative act

X Yes, in relation to disability.(DEOA, secs 20 and 21)

X No X Yes (Emp Act, sec 26(2))

Yes (Labour Code, sec 82)

X No X Yes (Labour Code, sec 267)

X No

4.3 Measures for company-level equality of opportunity and treatment including affirmative action

Antigua and Barbuda



Equal pay protections

X Yes, in relation to disability.(Labour Code, secs C4 and E8)

X Yes(Labour Standards Act, sec 24)

X Yes (Emp Act, sec 27)

Yes (Labour Code, sec 84)

X No X Yes (Labour Code, sec 270)

X Yes(Equal Pay Act, secs 3 and 7)

Burden of proof with employer

X No X No X No X Yes X No X Yes X Yes

Institutional mechanism supporting equal pay

X No X No X No X Yes X No X Yes X No

4.4 Measures at the company level for equal remuneration for men and women for work of equal value

Antigua and Barbuda



Temporary special measures /affirmative act

X No (Notice of termination)

X Yes (Industrial Relations Act, sec 56; Labour Contracts Act, Schedule sec 21)

X Yes (Industrial Relations Framework)

(Emp Act, sec 28)

X Yes (Company Discussion)

(Labour Code, sec 89(1))

X No X No X No

4.5 Remedies at the company level (complaint procedures, etc.)

X

Labour Law G


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Antigua and Barbuda



National external procedures

X Yes(Labour Code, secs K5-K10, C47 and C60-64)

X Yes (PEA, sec 36)



X Yes(PEA sec 43)

X Yes(Labour Code, secs 7, 131 and 272)

X Yes (PEA, secs 17 and 35-40)

Complaints procedure


Claims may be brought by another person or group for affected individuals

X Yes X Yes X No X No X No X Yes X No

Labour office conciliation

X Yes X Yes X Yes X Yes X Yes X No X Yes

Labour office determination/ settlement


Referral to minister X Yes X Yes X Yes X No X No X No X No

Formal hearing before a tribunal

X Yes*281 X Yes X *Arbitration X Yes X Yes X Yes (Direct complaints)

X Yes

Appeal to tribunal X Yes X No X No X No X No X Yes X No

High court procedure

X Yes X No X Yes X No X No X No X No

28 There is referral to a hearing officer, who is subject to a Final Board of Review. In respect of persons with Disabilities, there is an Equal Opportunity Tribunal which can be appealed to the Court.

4.6 Remedies at the national level4.6.1 External procedures and institutions

X

Labour Law G


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47

Antigua and Barbuda



Legislative provisions for remedies

X Yes(Labour Code, sec B12; Industrial Court Act, sec 10)

X Yes (PEA, secs 38 and 39)



X Yes(PEA, secs 26 and 27); (The Trade Disputes (Arbitration and Inquiry) Act, sec 5)

X Yes (Labour Code, secs 144, 167, 419 and 442)

X Yes(PEA, sec 17)

Damages/ compensation

X Yes X Yes (Limited) X Yes X Yes X Yes X Yes X Limited to severance benefits

Reinstatement X Yes X Yes X Yes X Yes X Yes X Yes X Yes (If consensual)

Re-engagement X Yes X Yes X Yes X Yes X Yes X Yes X Yes

Systemic remedies X No X No X No X No X No X No X No

Other remedies X No X No X No X Yes X No X Yes X No

4.6.2 Remedies at the national level

X

Equality of opportunity and treatment

47


The Skeldon Estate Co- Generation Power Plant. | Photo compliments: DPI Guyana Photo compliments: Josh Hild from Pexels

49

X 5Violence and sexual harassment OverviewDefinitionSexual harassment is explicitly prohibited by legislation in Montserrat and Saint Lucia. Saint Lucia includes sexual harassment in a general prohibition on harassment on discriminatory grounds. It is defined as unwanted conduct of a sexual nature in the workplace or in connection with the performance of work which is threatened or imposed as a condition of employment on the employee or which creates a hostile working environment for the employee. Sexual harassment can involve conduct such as:

X unwelcome touching, hugging or kissing; X staring or leering; X suggestive comments or jokes; X unwanted invitations for sex or persistent request to go out on dates; X intrusive questions about another person's private life or body; X insults or taunts of a sexual nature; and X behaviour which would also be an offence under the criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

Common law definitionsSexual harassment may also be prohibited either at common law, where there is a general implied duty of care for employers to create a safe working system, or by statute concerning discrimination based on sex.

In most OECS countries, there is currently no express provision to protect victims of sexual harassment. At common law, persuasive authorities may be found in Quigley v Complex Tooling and Moulding [2005] IEHC 71 and in Bank Employees Union v Republic Bank Limited (25 March 1996) TT 1996 IC 13. In Bank Employees Union v Republic Bank Limited, the Court held that: "There is a common law obligation on an employer to provide for his employees a safe system of working. In the modern commercial office, that obligation may well not be limited to the provision of a workplace and a system of working which protect the employees against physical harm. That obligation may well extend to the provision of a work environment which is free of the threat or application of sexual coercion by one employee towards another." RemediesA range of remedies is available, with limited internal measures and the broader employment law remedies being available where unfair dismissal is implicated. For example, where an employee has been sexually harassed, that harassment may amount to constructive dismissal such that it is unreasonable to expect the worker to continue the employment relationship.

X

Labour Law G


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Antigua and Barbuda



Definition of sexual harassment

X Yes (CL)

X Yes (CL)

X Yes (CL)


X Yes(Public Sector Code of Ethics, sec 52(2))


X Yes (CL)

Special protection of vulnerable groups

X Yes – PWDs and Minors291

X No X No X No X No X No X No

Is there a specific duty of employers in relation to sexual harassment

X Yes (CL)

X Yes (CL)

X Yes (CL)

X Yes (Law)

X Yes (CL)

X Yes (CL)

X Yes (CL)

Is there a specific duty of employers in relation to violence in legislation

X Yes (Labour Code, sec K20(h)); (DEOA, sec 15(2))

X Yes (IRA, sec 65 (1)(c)(i))302

X Yes (CL)

X Yes (CL)

X Yes (CL)

X Yes (CL)

X Yes (CL); (Trade Union Act, sec 26)313

29 The Sexual Offences Act, sec 10; Disabilities and Equal Opportunity Act, sec 15(2).

30 The IRA prohibits an employer or their agent from intimidating, threatening dismissal or any other kind of threat, to get that person to refrain from becoming or stop being a member, officer, representative or delegate of a trade union.

31 The Act defines “intimidate” as the use of violence, or threat of violence, such as would justify the offenders being bound over to keep the peace with a view to compelling a person to abstain from doing, or to do, any act which such other person has a legal right to do or abstain from doing.

5.1 Definition X

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51

XViolence and sexual harassm

ent

Antigua and Barbuda



General duty not to terminate without cause

X Yes – have a right not to be unfairly dismissed without just cause.(Labour Code, sec C56)

X Yes – an employer may terminate only in accordance with the legislation.(PEA, sec 3)

X Yes – an employer can only terminate for cause. (Emp Act, sec 74 (1))

X Yes – an employer can terminate if reasonable for him/her to do so and if procedures in the Code were observed. (Labour Code, sec 67)

X Yes – an employer may terminate only in accordance with the Legislation. (PEA, sec 5)

X Yes – an employer cannot terminate unless for a valid reason and in accordance with the Code. (Labour Code, sec 129)

X Yes – an employer cannot terminate employee without good cause and giving them an opportunity to defend themselves. (PEA, sec 5)

Is there a prohibition of discrimination on the basis of sex321

X Yes (Labour Code, C4)

X Yes (PEA, sec 10)





X Yes (PEA, sec 16)

Constructive dismissal

X Yes(Case Law)

X Yes(Case Law)

X Yes (Emp Act, sec 26); (CL)



X Yes (Labour Code, sec.132)

X Yes (CL)

Duty to provide written reasons for termination

X Yes332

(Labour Code, sec C10)

X Yes(PEA, sec 15)

X Not specified X Yes(Labour Code, sec 61)

X Not specified X Not specified X Yes (PEA, sec 34)

32 Sexual harassment can be considered to be discrimination on the basis of sex as held in US Jurisprudence (for example, DiCenso v. Cisneros, 1996; Honce v. Vigil, 1993; Shellhammer v. Lewallen, 1985), and reflected in the Labour Codes of Montserrat and Saint Lucia.

33 Employees have the right to request the employer to furnish them with the reasons for termination of employment which they are bound by section C10 of the Antigua and Barbuda Labour Code.

5.2 Duties of employers

Antigua and Barbuda



Internal mechanisms

X Yes (CL)

X Yes X Yes(CL)

X Yes(CL)

X Yes(CL)

X Yes X Yes(CL)

Procedure required by statute for internal resolution

X Not specified X Not specified X Not specified X Not specified X Yes X Not specified X Yes

5.3 Protection of victims at the company level (complaint procedures, remedies available)

51

X

Labour Law G


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Antigua and Barbuda



National external procedures

X Yes(Labour Code, secs C44, K5-K10 and C60-64)

X Yes(PEA, sec 36)



X Yes(PEA sec, 43)

X Yes(Labour Code, secs 7, 131 and 272)

X Yes(PEA, secs 17 and 35-40)

Complaints procedure


Claims may be brought by another person or group for affected individuals

X No X Yes X No X No X No X Yes X No





Referral to minister X Yes X Yes X Yes X No X No X No X No

Formal hearing before a tribunal

X Yes*341 X Yes X *Arbitration X Yes X Yes X Yes (Direct complaints)

X Yes

Appeal to tribunal X Yes X No X No X No X No X Yes X No

High court procedure

X Yes X No X Yes X No X No X No X No

34 There is referral to a hearing officer, who is subject to a Final Board of Review. In respect of persons with disabilities, there is an Equal Opportunity Tribunal which can be appealed to the Court.

5.4 Remedies at the national level 5.4.1 External procedures and institutions

X

Labour Law G


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53

Antigua and Barbuda



Legislative provisions for remedies

X Yes (Labour Code, sec B12; and the Industrial Court Act, sec 10)

X Yes (PEA, secs 38 and 39)



X Yes (PEA, secs 26 and 27); (The Trade Disputes (Arbitration and Inquiry) Act, sec 5)

X Yes (Labour Code, secs 144, 167, 419 and 442)

X Yes (PEA, sec 17)

Damages/ compensation

X Yes X Yes (Limited) X Yes X Yes X Yes X Yes X Limited to severance benefits

Reinstatement X Yes X Yes X Yes X Yes X Yes X Yes X Yes (if consensual)

Re-engagement X Yes X Yes X Yes X Yes X Yes X Yes X Yes

Systemic remedies X No X No X No X No X No X No X No

Other remedies X No X No X No X Yes X No X Yes X No

5.4.2 Remedies at the national level

X

Violence and sexual harassment

53


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55

X 6Maternity leave and protections

OverviewEntitlements to maternity leaveGenerally, mothers are entitled to maternity leave. There are various qualifying periods (duration that an employee has to work for) to qualify for the paid leave. These range from:

X 5-6 months in Antigua and Barbuda, Saint Kitts and Nevis and Saint Vincent and the Grenadines; X 18 Months in Grenada and Saint Lucia; and X Dominica and Montserrat require 12 weeks.

In Dominica, the procedure for taking maternity leave is a written application indicating the date of confinement, the date on which maternity will begin. This application must be submitted within three weeks of the period of confinement. This must be supported by medical evidence (see Labour Standards Act, Chapter 89:05, sec 19). In Grenada, this must be done 3 weeks before the commencement of maternity leave (Employment Act, sec 59(2)). In Saint Lucia, an exceptional provision is made for no pay leave for persons employed for less than 18 months.

X Mixed models of funding appear across the OECS, with some covered by the Social Security Systems which is financed via payments from the insured and employer, and some payments funded exclusively by Social Security Systems.

X No OECS countries have statutory provision for maternity leave for adoption. X Some jurisdictions establish limits on the number of occasions that maternity leave may be claimed, amounting to three births.

Protections

X Pregnant and breastfeeding mothers should not be required to do hazardous work, and in many countries, there are special provisions for night work by pregnant or breastfeeding mothers. In Saint Lucia, an employer must adapt the working conditions of that employee, or ensure that she is not involved in the use of or exposure to chemicals or substances or conditions of work which are hazardous to her health and the unborn child.


X In most countries, it is regarded as a dismissal if an employee cannot return to work to the same or similar position as that which applied before going on maternity leave though few jurisdictions explicitly provide this job guarantee; it is implied in Saint Lucia for example. In Grenada, an employee is entitled to return to work in the employment she held before maternity leave if she so desires.

X Discrimination on the grounds of sex, pregnancy and family responsibility is prohibited explicitly in law in the OECS countries. The Saint Lucia Labour Code further strengthens gender discrimination protections by prohibiting discrimination on the basis that a mother is not married to the father of the child carried during a pregnancy term or relevant to the period to which she is entitled to maternity or pregnancy benefits (see Labour Code, sec 286).

Paternity leaveOnly one jurisdiction provides paternity leave – Montserrat unambiguously provides for two weeks with pay. Grenada, Montserrat, Saint Kitts and Nevis and Saint Lucia make allowances for ‘serious family responsibilities’ which may permit a father’s request for leave during or immediately following his spouse’s maternity.

57

Antigua and Barbuda



Entitlement to maternity leave

X Yes (Labour Code, sec 20)35;1(The Civil Service Regulations, 1993 Regulation 113)

X Yes (LSA, secs 17 and 3)

X Yes (Emp Act, secs 59(1), 63(1) and 4)


X Yes(PEA, sec 39); (Public Service Standing Orders)


X Yes (Civil Service Orders for the Public Service, 6.34); (National Insurance (Benefits) Regulations, sec 17); (PEA, sec 16)362

Qualifying period (Public sector)

X 6 months (The Civil Service Regulations, 1993 Regulation 113)

X 12 months(LSA, secs 17 and 3)

X 18 months(Emp Act, sec 59(2)(exclusions: police, army, and prison))

X 12 months(General Orders for the Public Service)

X No qualifying period(Public Service Standing Orders, sec 44)

X 18 months(Labour Code, secs 3 and 287)

X No period specified (National Insurance (Benefits) Regulations, sec 19)

Qualifying period (Private sector)


X 12 months(LSA, sec 17)

X 18 months(Emp Act, sec 59(2))


X 150 days (PEA, sec 39)


X 30 Weeks X Domestic workers – 2 years (Wages Regulation (Domestic Citation and Workers) Order 2008, sec 7)

Duration of maternity leave

X 6 – 13 weeks (Social Security Act); (The Civil Service Regulations, 1993 reg 114)

X 12 weeks (LSA, sec 18)

X 13 weeks/3 months(Emp Act, sec 60(1))

X 3 months (Labour Code, sec 52); (General Orders for the Public Service)

X 13 weeks/3 months(PEA, sec 35(1));(Public Service Standing Orders, sec 44)

X 3 months/13 weeks X 6 weeks (under 18 months)(Labour Code, secs 288 and 289)

X 13 weeks X 4 weeks (Domestic workers)(National Insurance (Benefits) Reg, reg 21); (Wages Regulation (Domestic Citation and Workers) Order 2008, sec 7)

35 Labour Code (Amendment) Act 1998.

36 An employer is prohibited from terminating an employee on the basis of absence from work during maternity leave.

6.1 Entitlement to maternity leave

X

Maternity leave and protections

57

X

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Antigua and Barbuda



Right not to be unfairly dismissed due to pregnancy

X Yes (Labour Code, C58; and C4)

X Yes (PEA, sec 3); andLSA, sec 23)

X Yes (Emp Act, secs 26(1) and 74(2))

X Yes (Labour Code, secs 62 and 79)


X Yes(Labour Code, secs 7(1) and 131)

X Yes(PEA, sec 16)

Leave not deducted from calculation of continuous employments

X Unspecified X Yes (LSA, sec 23)

X Yes (Emp Act, sec 44(3)(a))


X Yes (PEA, sec 10)

X Yes (Labour Code, sec 23(3))

X Yes (PEA, sec 24)

Protection of position

X Unspecified X Yes(LSA, sec 23)

X Yes (Emp Act, sec 63(1))


X Unspecified X Yes (Labour Code, sec 287)

X Unspecified

6.2 Protection against discrimination and unfair treatment due to pregnancy

Antigua and Barbuda



Sickness benefits after end of maternity leave / pregnancy-related illness

X Yes (Labour Code, C16); and (Social Security (Benefits) (Maternity) Regulations, reg 15)

X Yes(Social Security (Benefits) (Maternity) Regulations, reg 15)

X Yes(The National Insurance (Benefit) Act, sec 17)




X Yes(National Insurance (Benefits) Regulations, reg 25)

Maternity grant applies to insured and wife of insured

X Yes(Social Security (Benefits) (Maternity) Regulations, secs 5 and 6)

X Yes(Social Security (Benefit) Regulations, reg 17)

X Yes(The National Insurance (Benefit) Regulations, reg 10)

X Yes(Social Security Act, sec 16)

X Yes(Social Security (Benefits) Regulations, sec 16)

X Yes(The National Insurance Regulations, reg 43)

X Yes371

(National Insurance (Benefits) Regulations, reg 23)

37 Including common-law spouse.

6.3 Maternity benefits

X

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59

Antigua and Barbuda



Rate of maternity allowance

X The employer:At least 40% of basic wages for at least 6 weeks during maternity leave.(Labour Code, sec C20(3))

X Social Security:60% of average of weekly earnings.(Social Security (Benefits) (Maternity) Regulations, sec 11)

X The employer:½ normal weekly wage for a period of 4 weeks after leave commences.(LSA, sec 22)

X Social Security:60% of average weekly earnings in last months.(Social Security (Benefit) Regulations, 13)

X The employer: 40% of 2 months’ pay (monthly paid) / 4 fortnights pay (weekly/fortnightly paid) / 1/5 of year salary (daily paid).(Emp Act, sec 61(2))

X Social Security:2 months’ salary (monthly paid)4 fortnights (weekly/fortnightly paid)/1/5 of wages for daily paid.(The National Insurance (Benefit) Regulations, reg 13)

X The employer:Normal wages less any amount the employee is entitled to by virtue of the Social Security Act.(Labour Code, sec 53)

X Social Security:60% of weekly earnings.(Social Security Act, sec 21)

X The employer:If the employee is not entitled to Social Security, the employer has to pay the 65%.(PEA, sec 38(4))

X Social Security: 65% of salary.(Social Security (Benefits) Regulations sec 21)

X The employer:No mandatory provision(Public service 100%)

X Social Security:65% of the average insurable earnings of the previous 10 months.(The National Insurance Regulations, reg 42)

X The employer: No mandatory provision

X Social Security:65% of salary of the earnings or credits.(National Insurance (Benefits) Regulations, reg 22)

6.3 Maternity benefits (Continued)

Antigua and Barbuda



Paternity leave X No X No X No X Yes (2 weeks with pay)

X Yes, for public service, 5 days381

X No X No

38 A male public officer who has completed two years’ service shall be entitled to paternity leave with pay and limited to two such leave during his term and subject to conditions (Public Service Standing Orders, sec 44).

6.4 Paternity leave

X

Maternity leave and protections

59

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61

X 7Children and youth in employment

OverviewMinimum agesIn all OECS countries, it is not permitted for a child to work or be employed under a certain age. Several countries define a child as a person under a certain age. These include:

X Under 16 years of age - Antigua and Barbuda where the Education Act appears to prohibit children's employment under the age of 16, though the Labour Code prescribes a minimum age of 14. There are limitations for young persons (persons under 18) concerning work during compulsory schooling hours.

X Under 15 years of age - Saint Lucia. X Under 14 years of age - Dominica and Antigua and Barbuda. X In some jurisdictions, such as Dominica and Grenada, there are varying age restrictions in differing laws.

Allowances for young personsSpecial considerations apply for workers under the age of 18 (young person). Some countries have restricted work for children below or above the legal limit. Children of these ages may do light work and are generally prohibited from working nights and working on premises that are considered dangerous or hazardous. In addition, there is no explicit prohibition against children's involvement in hazardous work and illicit activities, including the production and trafficking of drugs.

Framework for regulationAuthorization for such work may be accompanied by the requirement to have proof of age confirmed. Several countries provide that such restricted work may not be detrimental to the health, well-being, emotional or physical development of a child or is limited to a set number of hours a week and prior medical examination. Most countries have provisions that refer to the employment of children. Non-compliance with child labour provisions attracts harsh penalties in some OECS countries. Usually, there is a fine and or imprisonment.

X

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Definition of child X Under 14 years (Labour Code, sec E2)

X Under 14 years (EWYPCA, sec 2)

X Under 16 years (Emp Act, sec 2)

X Under 16 years(Labour Code, sec 3)

X Under 16 years (EWYPCA, sec 2)

X Under 15 years (Labour Code, sec 2)

X Under 14 years(EWYPCA, sec 2))

Definition of young person

X 14-17 years (Labour Code, sec E2)

X 14-18 years(EWYPCA, sec 2)

X Implied (16-18 years)

X 16-18 years(Labour Code sec 3)

X 16-18 years(EWYPCA, sec 2)

X 16-18 years(Labour Code sec 2)

X 14-18 years (EWYPCA, sec 2)

Explicit prohibition of child labour

X Under 14 years: In public or private agricultural/industrial business or ship.(Labour Code, sec E3)

X Under 14 years: In any public or private or industrial business or any business or ship.(EWYPCA, secs 4(1) and 5)

X Under 16 years: In any public or private business(Emp Act, sec 32)

X Under 16 years: In public or private agricultural/industrial business or ship.(Labour Code, secs 90 and 91)

X Under 16 years: In any business or a ship (EWYPCA, secs 4 and 5)

X Under 15 years: In any employment.(Labour Code, sec 122(1))

X Under 14 years: In any business/ship. (EWYPCA, secs 3 and 4)

7.1 Definitions and prohibitions X

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Exceptions X A family owned and operated business or ship with only family members;

X Youth organization engaged in fundraising;

X The child is working together with an adult member of their family at the same place; and

X Reformatory or industrial school.(Labour Code, secs E3 and E5)

X A business or ship in which only members of the same family are employed;

X Any child under order of detention in a reformatory or industrial school; and

X Any child receiving instruction in manual labour in any school.(EWYPCA, sec 4(2))

X Technical schools; X Job training /working experience;

X Work done on school-ships or training ships; and

X School holidays.(Emp Act, sec 32)

X Light work for children over 14 years of age;

X Artistic performance;

X Any child under order of detention in a reformatory/industrial school;

X Any child receiving instruction in manual labour in any school; and

X Ship in which only members of the same family are employed.(Labour Code, secs 90 and 91)

X A business in or a ship on which only members of the same family are employed;

X Any child under order of detention in a reformatory or industrial school; and

X Any child receiving instruction in manual labour in any school.(EWYPCA, secs 4 and 5)

X School holidays(Education Act, sec 46(3))

X Under 12 only in domestic work at home or in light agricultural or horticultural work on the land or garden of the parent or guardian.(EWYPCA, sec 7)

X Technical schools; X Any child under order of detention in a reformatory or industrial school;

X Job training /working experience

X Youth organization for fund raising or charity;

X Employment during school holidays in light work;

X Non-hazardous community work or charity outside school hours;

X Over the age of 13, light work (eg newspaper rounds; car-washing; cake sales and other sales at school and charity fairs); and

X Artistic performances.(Labour Code, sec 122)

X Recognized schools;

X A ship on which only members of the same family are employed; and

X Work for his or her parent or guardian in light agricultural work in the family land outside of school hours.(EWYPCA, secs 3, 4, 8 and Part IV Schedule)

7.1 Definitions and prohibitions (Continued)

X

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Special requirements for a child or young people to work

X Young persons - medical examination; medical supervision.(Labour Code, sec E5(1))

X Under 18 - Medical certificates, parents’ consent. (Labour Contracts, Act sec 7)

X Under 18 - Medical certificates;

X Under 16 – Director of Maritime Affairs approval

X Parents’ consent X Conditions in writing

X District Magistrate approval.(Emp Act, sec 34; Shipping Act, sec 135; Recruitment of Workers Act, secs 4 and 5)

X Medical examination; Medical supervision.(Labour Code, sec 96)

X There is no specific requirement in legislation.

X Written consent of parents or guardian.(Labour Code, secs 122 and 304)

X A Minister’s permit for participating in artistic performances;

X Labour Commissioner approval by Order published in the Gazette for light work.(Labour Code, sec 122)

X Supervision by the relevant public authority. (Labour Code, sec 304)

X For work on a ship a certificate having regard to the health and physical condition of the child and the benefit to the child.

X Supervision by the relevant public authority. (EWYPCA, sec 3)

7.2 Special requirements X

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Prohibition of night work for young persons (14-18)

X Yes(Labour Code, sec E5)

X Yes(EWYPCA, sec 7)

X Yes (except family business)

X Yes (except family business) (Labour Code, sec 93)


X No X Yes(EWYPCA, sec 3, Part II Schedule)

Regulation of work during school hours for young persons


X Yes(Education Act, sec 46)

X No X No X Yes(EWYPCA, sec 7)


X Yes (EWYPCA, sec 8)

Maximum number of hours a child may work

X 8 hours(Labour Code, sec E5)

X No X No X No X Yes(EWYPCA, sec 7)

X No X No

Requirement and content of register391





X Yes (EWYPCA, sec 12)


X Yes(EWYPCA, secs 3 and 4)

39 Generally, employers must keep a register of all persons employed at their business who are under the age of 18, with their names, addresses, and dates of birth, and of the dates on which they enter and leave such employment, and on request at any reasonable time, produced the information for inspection.

7.3 Regulation of jobs in which children or young persons are allowed to engage

X

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Photo compliments: Kateryna Babaieva from Pexels

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X 8Occupational safety and health

OverviewThere is variable protection concerning occupational safety and health (OSH), with comprehensive coverage in Antigua and Barbuda, Dominica, Montserrat, and Saint Lucia, with only factories regulated in Grenada and Saint Vincent and the Grenadines.

Duties of employer X Generally, there are explicit duties on the part of employers to maintain a safe workplace, whether at common law or legislation. In all jurisdictions, there is a duty on the employer to take all reasonable precautions to safeguard their employees from any dangers in the workplace, including from the work environment. This protection exists at common law or via legislation.

X In Carlton Halstead v Special Security Services Ltd [2017] ECSC J1017-1, the Court noted that an employer must organize a safe system of work for his/her employees, and must ensure, as far as possible, that the system is adhered to. A system of work is defined as ‘the physical layout of the job, the setting of the stage so to speak, the sequence in which the work is to be carried out, the provision in proper cases of warnings, notices and the issue of special instructions'. A system may be adequate for the whole course of the job, or it may have to be modified to meet the circumstances which may arise.401

Duties of employeesGenerally, employees must make use of all means, appliances, conveniences, or other things provided for workers’ health, safety and welfare, a broad and general duty. Only in Dominica, Montserrat and Saint Lucia is there a duty to report any defects in equipment or clothing which may endanger an individual or breach the Code.

40 See also: Alves v Attorney General of the Virgin Islands (British Virgin Islands) [2017] UKPC 42; Wilson & Clyde Coal Co. Ltd. v. English [1938] A.C. 57 where Lord Wright described the employer’s obligation as three-fold - the provision of competent staff, adequate material and a proper system of work and effective supervision.


Rights of employeesOnly in Grenada, Montserrat and Saint Lucia are workers explicitly empowered or protected in exercising a right to remove themselves or to refuse to work where he/she has a reasonable justification for believing that (a) equipment, machine, tool or device; or (b) the physical condition of the workplace - presents an imminent and severe danger to life or health. Duty to notify authorities There is an obligation to notify authorities (generally an inspector) where a person is killed or critically injured at the factory in Antigua and Barbuda, Grenada, Montserrat, Saint Kitts and Nevis, and Saint Vincent and the Grenadines. Only in these same jurisdictions, except for Montserrat, there is a duty to notify an occupational disease.

Duty to develop OSH planOnly Saint Lucia required the development of a written OSH plan.

Mechanisms at company levelThere is a requirement to develop a joint management / union Occupational Safety and Health Committee with equal representation, for any employer with more than twenty workers. Only Saint Lucia appears to have a duty to establish a written OSH plan.

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What are the sectors regulated by OSHA?

X All workplaces including the State(Labour Code, sec D3)

X Applies to the State and all branches of economic activity and to all employers and workers in all branches of economic activity (DES Act and the Factory and Machinery Rules)

X Applies to the State but only to factories (Factories Act, secs 2 and 2(9))

X All workplaces including the State(Labour Code, Part 10 and sec 4)

X Applies to factories, including those belonging to or in occupation of the Government(Factories Act); (the Fatal Accidents Act and Accidents and Occupational Diseases (Notification) Act);(Factories Act, sec 5)

X All employers and employees including in the public service and police service(Labour Code, Part IV and sec 169)

X Applies to factories, including those belonging to or in occupation of the Government(Factories Act, sec 5); (Accidents and Occupational Diseases (Notification) Act, sec 2)

8.1 General - regulatory framework

Antigua and Barbuda



Are there explicit legislative duties of employers in relation to OSH?

X Yes(Labour Code, secs D10-D13)

X Yes(DES Act, sec 4 and Factory and Machinery Rules, sec 19 and Part IV)

X Yes(Factories Act Part II-Part VII)

X Yes(Labour Code, secs 98, 102, 103, 104, 108, and 116)

X Yes(Factories Act, sec 9)

X Yes(Labour Code, secs 257, 258, 259 and 261)

X Yes(Factories Act, secs 8 and 9)

8.1.1 Duty of employers

X

Occupational safety and health

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Are there explicit legislative duties of employers in relation to OSH?

X Yes(Labour Code, secs D10-D13)

X Yes(DES Act, sec 4 and Factory and Machinery Rules, sec 19 and Part IV)

X Yes(Factories Act Part II-Part VII)

X Yes(Labour Code, secs 98, 102, 103, 104, 108 and 116)

X Yes(Factories Act, secs 8 and 9)

X Yes(Labour Code, secs 257, 258, 259 and 261)

X Yes(Factories Act, sec 8 and 9)

General duty to provide a safe and sound work system411


Maintenance of tools in good working conditions

X Implied X Yes X Yes X Yes X Yes X Yes X Yes

Safe access, egress to building

X Implied X Yes X Yes X Yes X Yes X Yes X Yes

Management of dangerous materials422


Specific duties for keeping factories safe


Ensure pregnant women are not exposed to harmful substances

X No X No X Yes X Yes X No X Yes X No

Duty to general public

X No X No X Yes X Yes X No X Yes X No

41 A typical example of this includes: The employer has a duty of care to his/her employees by taking all reasonable precautions to safeguard his/her employees from any dangers in the workplace, including from the work environment. The DES Act provides that every employer must take care not to endanger the safety or health of his/her employees, and in particular, to carry out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation of the business.

42 This for example includes, the fencing of dangerous machinery, fly wheels, electric generators, shafting, and overhead belts.

8.1.2 Duty of workers/employees X

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Is there statutory right of a worker to refuse to work where he/she has reasonable justification to believe that (a) equipment, machine, tool or device or (b) physical condition of workplace - presents imminent and serious danger to life or health?

X No X Yes – such action is not considered a strike(IRA, sec 2(2))

X No, however workers are protected against dismissal or disciplinary action for exercising that right(Emp Act, sec 74(e))

X Yes - There is a statutory right of a worker to remove himself/herself and an employer is also prohibited from terminating or disciplining an employee on this basis(Labour Code, secs 110 and 62(1) (i))

X No, and there is no protection related to dismissal.

X Yes - There is a statutory right of a worker to remove himself/herself and an employer is also prohibited from terminating or disciplining an employee on this basis (Labour Code, secs 263 and 131(k)))

X No

8.2 Rights of employers and workers

Antigua and Barbuda



Obligations to notify authorities (Generally an inspector) where a person is killed or critically injured at the factory

X Yes(Labour Code, sec D13)

X Yes (Accidents and Occupational Diseases (Notification) Act, sec 3)

X Duty to notify within 48 hours;

X 4 days in case of non-fatal.(Factories Act, sec 38)

X Yes - within 48 hours431 (Labour Code, sec 115)

X Yes - Broader duty of every incident to be reported to Labour Commissioner(Accidents and Occupational Diseases (Notification) Act, sec 3)


X Yes within 7 days(Accidents and Occupational Diseases (Notification) Act, sec 3)

43 Duty is the broadest duty with reporting obligations to the Labour Commissioner, the joint management employees’ safety and health committee, the employees’ safety representative and the recognized trade union.

8.3 Notification of accidents and occupational diseases to the authorities

X


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Obligation to notify where there is an occupational disease

X Yes(Labour Code, sec D13)

X Yes(Accidents and Occupational Diseases (Notification) Act, sec 5)

X No X No X Yes – duty to be complied with by doctor.(Accidents and Occupational Diseases (Notification) Act, sec 3)

X Yes – duty also to be complied with by doctor.(Labour Code, sec 247)

X Yes – duty also to be complied with by the doctor.(Accidents and Occupational Diseases (Notification) Act, sec 5)

8.3 Notification of accidents and occupational diseases to the authorities (Continued)

Antigua and Barbuda



What mechanisms are there at the company level for OSH?

X None X None X None X An employer with more than twenty workers is required to establish a joint management /union Occupational Safety and Health Committee with equal representation from management and employees.441

(Labour Code, sec 113)

X None X An employer with more than two workers is required to establish a joint management/ union Occupational Safety and Health Committee to meet at least every three months.(Labour Code, secs 192, 194 and 200)

X None

44 This Committee ought to:• identify situations that may be a source of danger or hazard to employees; • recommend the establishment, maintenance and monitoring of programmes, measures and procedures respecting the safety of employees;• obtain information from the operator respecting potential or existing hazards involving materials, processes or equipment; and safety and health experience and work practices and standards in similar or other industries of which the operator has knowledge;• obtain information from the employer about tests of any equipment, machine device, article, material, chemical, physical agent or biological agent in or about a workplace; and• be consulted about and have a designated member representing employees present at the beginning of the testing of the equipment to ensure that valid testing procedures are used or that the test results are valid.

8.4 Mechanisms at the company level

X

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Is there a duty to establish a written OSH plan?

X No X Yes (Labour Contracts Act, Schedule Section 3(f))

X No X No X No X Yes, to be developed in consultation with the committee.(Labour Code, sec 257)

X No

8.4 Mechanisms at the company level (Continued)

X


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Photo compliments: Andreas Wohlfahrt from Pixabay

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X 9Social security benefits

OverviewThe following tables identify several types of benefits provided to workers, including summaries of qualification periods, benefit formulas, and duration of benefits. There are variable types of social security benefits provided across the OECS, with varied arrangements in terms of contributions between employers and employees, qualifying periods and the amounts which may be claimed.

X

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Health protection X Financial and other assistance towards the cost of medical services and proactive activities to prevent disease(The Medical Benefits Act and Regulations)

X Financial and other assistance towards the cost of medicalservices and proactive activities to prevent disease.(The Medical Benefits Act and Regulations)

X Medical Expenses:There are provisions for reimbursement of medical expenses.(Social Security (Benefits) Regulations, regs 54-58)

X No statutory benefits are provided.

X Health care provided by Ministry of Health to general population

X Medical Expenses Benefit is a refund of medical expenses incurred by an insured person in relation to a particular employment injury.(Employment Injury Regulations, regs 13 and 14)

X An employee who is injured or who contracts a prescribed disease in connection with work and needs medical care because of an injury / disease be reimbursed for reasonable medical expenses.

X The National Insurance Corporation provides hospitalization and medical treatment at approved hospitals for insured persons who meet the requirements for a cash sickness benefit, up to a limit of ECD20,000. (The National insurance Regulations, reg 68)

Sickness benefits provided for

X 16- 60 years X Absent due to certified illness not caused by employment injury

X Benefits last for a maximum of 26 weeks of continuous illness. (Social Security (Benefits) (Sickness Regulations reg 4)

X 16-60 years X Absent due to certified illness not caused by employment injury.

X Benefits last for a maximum of 26 weeks of continuous illness.(Social Security (Benefits) (Sickness Regulations, reg 4)

X Payable to an insured person who is rendered temporarily incapable due to specific disease, bodily or mental disablement.

X Benefits last for a maximum of 26 weeks of continuous illness.(Social Security (Benefits) Regulations, reg 3 and 7)

X Payable to an insured person (16-60 years) who is rendered temporarily incapable due to specific disease, bodily or mental disablement.

X Benefits last for a maximum of 26 weeks of continuous illness.(Social Security (Benefits) Regulations, regs 4 and 7)

X Payable to an insured person (16-60 years) who is rendered temporarily incapable due to specific disease, bodily or mental disablement.(Social Security (Benefits) Regulations, regs 9-10)

X Payable to an insured person (16-62 years) who is rendered temporarily incapable due to specific disease, bodily or mental disablement.

X Benefits last for a maximum of 26 weeks of continuous illness. (Social Security (Benefits) Regulations, regs 9-10 and 14)

X Payable to an insured person who is rendered temporarily incapable due to specific disease, bodily or mental disablement. (The National insurance Regulations, reg 29)

9.1 Social security benefits available for workers X

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Qualifying period X Must be employed prior to illness

X At least 26 weekly contributions into the Social Security System and worked for at least 8 weeks in the preceding three months before the illness began(Social Security (Benefits)(Sickness Regulations reg 7)

X Must be employed prior to illness.

X At least 26 weekly contributions into the Social Security System and worked for at least 8 weeks in the preceding three months before the illness began.(Social Security (Benefits) (Sickness Regulations, reg 7)

X Was employed prior to the day of sickness.

X At least 13 weeks of insured employment immediately before the incapacity.

X At least 8 weeks of paid contributions.451

X Sick for at least 4 days.(Social Security (Benefits) Regulations, reg 6)

X Was employed prior to the day of sickness

X At least 13 weeks of insured employment immediately before the incapacity began, and at least 8 weeks of paid contributions.462


X At least 26 weekly contributions, 8 weeks of contribution in the last 13 weeks immediately before the incapacity began, and at least 8 weeks of paid contributions.(Social Security (Benefits) Regulations, Reg 9-13)

X At least 26 weekly contributions, 8 weeks of contribution in the last 13 weeks immediately before the incapacity began, and at least 8 weeks of paid contributions.


X Working just before the day of incapacity.

X At least 6 months contributions, 2 months of contribution in the last 4 months immediately before the incapacity began.(The National insurance Regulations, reg 32)

Amount X Up to 60% of their average insurable weekly earnings.(Social Security (Benefits)(Sickness Regulations reg 8 )

X Up to 60% of their average insurable weekly earnings.(Social Security (Benefits) (Sickness Regulations, reg 8)

X Up to 60% of the insured average weekly insurable earnings for a maximum period of 6 months of medically certified illness.(Social Security (Benefits) Regulations, reg 8)

X Up to 65% of the insured average weekly insurable earnings for a maximum period of 26 weeks of medically certified illness.(Social Security (Benefits) Regulations, reg 8)

X Up to 60% of the insured average weekly insurable earnings for a maximum period of 26 weeks of medically certified illness.(Social Security (Benefits) Regulations, Reg 15)

X Up to 65% of the insured average weekly insurable earnings for a maximum period of 26 weeks of medically certified illness.(Social Security (Benefits) Regulations, reg 15)

X Up to 65% of the insured average weekly insurable earnings for a maximum period of 26 weeks of medically certified illness.(National insurance Regulations, reg 34)

45 At least 52 weeks of insured self-employment immediately before the incapacity began, including at least 1/2 of paid contributions in the last 3 consecutive quarters.

46 At least 52 weeks of insured self-employment immediately before the incapacity began, including at least 1/2 of paid contributions in the last 3 consecutive quarters.

9.1 Social security benefits available for workers (Continued)

X

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Unemployment protection

X There is no statutory provision for unemployment.

X There is no social security for unemployment but the PEA requires the payment of severance in certain circumstances.

X There is no social security for unemployment but the PEA requires the payment of severance in certain circumstances.

X There is no national unemployment programme.

X There is no statutory benefit for unemployment but the PEA requires employers to provide severance pay to employees being dismissed.

X There is no statutory benefit for unemployment but the Labour Code requires employers to provide severance pay to employees being dismissed.

X There is no statutory benefit for unemployment but the PEA requires employers to provide severance pay to employees being dismissed.

9.1.1 Unemployment protection

Antigua and Barbuda



Income security (Old age pension)

X An insured person at the pensionable age satisfying the required contributions.

X Either a pension (A monthly payment until death) or a grant (A lump sum one-time payment).(Social Security (Age and Grants) Regulations, reg 4)


X Either a pension (A monthly payment until death) or a grant (A lump sum one-time payment).(Social Security (Benefits) Regulations, reg 29)

X An insured person at the pensionable age (60) satisfying the required contributions.

X Either a pension (A monthly payment until death) or a grant (A lump sum one-time payment).(Social Security (Benefits) Regulations, regs 29 and 31)






X Either a pension (A monthly payment until death) or a grant (A lump sum one-time payment).(National insurance Regulations, regs 53 and 56)


X Either a pension (A monthly payment until death) or a grant (A lump sum one-time payment).(National Insurance (Benefits) Regulations, regs 33 and 36)

9.1.2 Income security (Old age protections)

X

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Qualifying period X Pension paid to person who attained retirement age and had paid a minimum of 350 weeks of contributions or a reduced pension.

X Person doesn’t satisfy the conditions for a pension but has attained the pensionable age.

X Has not paid less than 52 weeks contribution or the monthly equivalent thereof.(Social Security (Age and Grants) Regulations, regs 5 and 7)

X Pension paid to person who attained retirement age and had paid a minimum of 500 weeks of contributions.

X Grant paid to person who has attained the retirement age, but who has only paid 50 to 499 weeks.(Social Security (Benefits) Regulations, regs 29 and 31)

X Pension paid to an insured who has attained the retirement age and had paid a minimum of 500 weeks of contributions.

X Grant: lump sum amount payable to the insured who has attained the retirement age, but who has only paid 50 to 499 weeks.(Social Security (Benefits) Regulations, regs 29 and 31)

X Pension: Age of retirement and paid a minimum of 500 weeks of contributions.

X Grant: Age of retirement, and paid 50 to 499 weeks of contributions.(Social Security (Benefits) Regulations, regs 29 and 32)


X Grant: Lump sum amount payable to the insured who has attained the retirement age, but who has only paid 50 to 499 weeks.(Social Security (Benefits) Regulations, regs 28 and 29)

X Pension paid to an insured who has attained the retirement age and had paid 180 months of contributions.

X Grant: Lump sum amount payable to the insured who has attained the retirement age, but who has not paid 180 months.(National insurance Regulations, regs 53 and 56)


X Grant: Lump sum amount payable to the insured who has attained the retirement age, but who has only paid 50 to 499 weeks.(National Insurance (Benefits) Regulations, regs 33 and 36)

9.1.2 Income security (Old age protections) (Continued)

X


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Amount X 25% of the average annual insurable earnings for the minimum contributions in accordance with the Schedule plus 1% for each 50 contributions thereafter, up to a maximum of 50%.

X No pensioner shall receive less than ECD350.00 per month.

X The amount paid for grant is 75% of the total contributions (employee and employer) paid up to the pensionable year or ECD1,200 whichever is greater.(Social Security (Age and Grants) Regulations, regs 6 and 8)

X Pension: 30% of the insured’s average earnings plus 2% for each 50-week period of contributions exceeding 500 weeks and 1% for each 50-week period of contributions exceeding 750 weeks is paid to a maximum of 70% of the insured average monthly earnings.

X Grant payable is equivalent to three times the average weekly insurable earnings for each 50 contributions paid by, or credited to the insured.

X (Social Security (Benefits) Regulations, regs 30 and 32)

X Pension: 30% of the insured’s average earnings plus 1% for each 50-week period of contributions exceeding 500.

X Minimum weekly pension is ECD46, and maximum is ECD491.30.

X Grant: Equivalent to three times the average weekly insurable earnings for each 50 contributions paid by, or credited to the insured.


X Pension: 20% of the insured’s average weekly earnings plus 0.65% of average weekly earnings for each 25-week period of contributions exceeding 500.

X Maximum pension is 60% of the insured’s weekly earnings and not less than ECD76.91

X Grant: Equivalent to three times the average weekly insurable earnings for each 25 weekly contributions paid by, or credited to the insured.


X Pension: 30% of the insured’s average earnings plus 2% for each 50-week period of contributions exceeding 500 up to 799, and 1% for each 50-week period of contributions exceeding 799.

X Maximum monthly old-age pension is 60% of the insured’s monthly earnings or ECD3,900, whichever is less.

X Grant: Equivalent to 6 times the average weekly insurable earnings for each 50 weekly contributions paid by, or credited to the insured.


X Pension: 40% of the insured person’s average pensionable earnings in the best five years of contributions plus 0.1% for each month in excess of 180 months.

X Maximum monthly old-age pension is 60% of the insured’s monthly earnings.

X Minimum ECD300.00.

X Grant: 0.67% of the insured’s average annual covered earnings for each month of contributions is paid.

X (National insurance Regulations, regs 54 and 57)

X Pension: 30% of the insured’s average annual earnings plus 2% for each 50-week period of paid or credited contributions exceeding 500, up to 799, and 1% for each 50-week period of contributions exceeding 799. The minimum monthly pension is ECD400. The maximum monthly pension is 60% of monthly earnings or ECD3,900 (whichever is less).

X Grant: Equivalent to six times the average weekly insurable earnings for each 50 contributions paid by, or credited to the insured up to 499.

X (National Insurance (Benefits) Regulations, regs 35 and 36)

9.1.2 Income security (Old age protections) (Continued) X

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Exceptions X Persons insured under the old provident fund system also receive a lump sum of 100% of the balance of the provident fund account plus accrued interest.(National insurance Regulations, reg 57)

9.1.2 Income security (Old age protections) (Continued)

Antigua and Barbuda



Employment injury protection

X There is no social security benefit and the regulatory framework is the Workmen’s Compensation Act

X Payable to an insured as a result of an injury sustained on the job, or an occupational disease directly attributed to the job.(Social Security (Benefits) Regulations, reg 46)

X An insured person (including the self-employed) who is incapable of work due to a work-related injury or disease is entitled to employment injury benefit.(National Insurance (Employment Injury) Benefit Regulations, reg 3)

X Payable to an insured person as a result of an injury sustained on the job, or an occupational disease directly attributed to the job.(Employment Injury Regulations, reg 3)

X Payable to an insured person as a result of an injury sustained on the job, or an occupational disease directly attributed to the job.

X There are no contribution conditions for employment injury benefit.

X Payable to an insured person as a result of an injury sustained on the job, or an occupational disease directly attributed to the job.(National Insurance Regulations, reg 62)

X Payable to an insured person as a result of an injury sustained on the job, or an occupational disease directly attributed to the job.(National Insurance (Employment Injury Benefits) Regulations, reg 3)

9.1.3 Employment injury protection

X


X

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Qualifying period X After three days and paid for a period not exceeding 26 weeks. (Social Security (Benefits) Regulations, reg 48)

X After three days and paid for a period not exceeding 26 weeks. (National Insurance (Employment Injury) Benefit Regulations, regs 4 and 6)

X After three days and paid for a period not exceeding 26 weeks to partially replace employment income lost as a result of temporary absence from work.(Employment Injury Regulations, regs 3 and 5)

X Generally paid for a short duration of time (not exceeding 26 weeks) and is meant to partially replace employment income lost as a result of temporary absence from work.

X Payable from the first day that the person reported for work.

X Generally paid for a short duration of time (not exceeding 12 months).

X Payable from the first day that the person reported for work.(National insurance Regulations, reg 67)

X Generally paid for a short duration of time (not exceeding 26 weeks), and is meant to partially replace employment income lost as a result of temporary absence from work. (National Insurance (Employment Injury Benefits) Regulations, reg 6)

Amount X Maximum of 60% of their average income during the period of time medically unfit.(Social Security (Benefits) Regulations, reg 46 & First Schedule)

X Maximum of 70% of the insured’s average weekly covered earnings in the last 13 weeks is paid from the day of the work injury or certified onset of the occupational disease until recovery or for 52 weeks, whichever occurs sooner.(Social Security (National Insurance (Employment Injury) Benefit Regulations, First Schedule)

X Maximum 75% of average income during the period of time medically unfit.(Employment Injury Regulations, Reg 4)

X Maximum of 75% of their average income during the period of time medically unfit.

X Maximum of 65% of their average income during the period of time medically unfit.(National Insurance Regulations, reg 67)

X Maximum of 70% of their average income during the period of time medically unfit,(Employment Injury Benefits) Regulations, reg 3 and First Schedule)

9.1.3 Employment injury protection (Continued) X

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Exceptions X The costs of medical treatment abroad are fully reimbursed with prior approval from the National Insurance Board or up to ECD1,000 without approval.(National Insurance (Employment Injury) Benefit Regulations, regs 12-16)

X Self-employed persons cannot avail themselves of Employment Injury Benefits but can claim Sickness Benefit in cases where it is claimed that their inability to work resulted from injury on the job

9.1.3 Employment injury protection (Continued)

Antigua and Barbuda



Family/child benefits

X No legislative provision social security.

X No statutory benefit.

X There is no legislative provision.





Maternity protection

X Payable to a woman who has given birth to a child.

X Either an allowance, a grant, or both.(Social Security (Benefits) (Maternity) Regulations, reg 4)


X Either an allowance, a grant, or both.(Social Security (Benefits) Regulations, reg 10)


X Either an allowance, a grant, or both.(Social Security (Benefits) Regulations, reg 10)


X Either an allowance, a grant, or both.(Social Security (Benefits) Regulations, Reg 16)


X Either an allowance, a grant, or both.(Social Security (Benefits) Regulations, Reg 16)


X Either an allowance, a grant, or both.(National insurance Regulations, regs 39 and 43)


X Either an allowance, a grant, or both.(National Insurance (Benefits) Regulations, reg 17)

9.1.4 Family/child benefits and maternity benefits

X


X

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Duration and qualifying period

X Allowance - at least 26 weeks in the 52 weeks immediately before the confinement.

X Grant - she or her husband, at least 26 weekly contributions in the year immediately before the confinement.

X Paid for a maximum of 13 weeks, commencing as early as 6 weeks before confinement or as late as the week of confinement.(Social Security (Benefits) (Maternity) Regulations, regs 6, 9 and 10)

X Allowance - At least 30 weeks of contributions, including at least 20 weeks in the 30-week period before maternity leave began.

X Grant - she or her husband, at least 26 weekly contributions in the preceding 52 weeks before the confinement.

X Paid for a maximum of 3 months, commencing as early as 6 weeks before confinement or as late as the week of confinement.(Social Security (Benefits) Regulations, regs 11,12 and 17)


X Grant - she or her husband at least 50 contribution weeks any time before the confinement.

X Paid for a maximum of 12 weeks, commencing as early as 6 weeks before confinement or as late as the week of confinement.(Social Security (Benefits) Regulations, regs 11, 12 and 13)

X Allowance - At least 26 weekly contributions in the 52 weeks prior, including at least 20 weeks in the 30-week period before maternity leave began.

X Grant - at least 26 weeks in the last 52 weeks immediately preceding date of confinement.

X Paid for a maximum of 12 weeks, commencing as early as 6 weeks before confinement or as late as the week of confinement.(Social Security (Benefits) Regulations, regs 18 and 20)


X Grant - she or her husband at least 26 contributions paid during the 39 contribution weeks.

X Paid for a maximum of 13 weeks, commencing as early as 6 weeks before confinement or as late as the week of confinement.(Social Security (Benefits) Regulations, Reg 18)


X Grant - she or her husband has contributed 7 months in the preceding 10 months.

X Paid for a maximum of 3 months, commencing the month preceding the month of expected confinement.(National Insurance Regulations, regs 40, 41 and 43)

X Generally paid for Allowance - At least 30 weeks of insurance, including at least 20 weeks in the 30-week period before maternity leave began.

X Grant - she or her husband has contributed to the fund for at least 20 of the preceding 30 weeks of the week in which she gave birth.

X Paid for a maximum of 12 weeks, commencing as early as 6 weeks before confinement or as late as the week of confinement.(National Insurance (Benefits) Regulations, regs 21-23)

9.1.4 Family/child benefits and maternity benefits (Continued) X

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Amount X 60% of the insured person’s average insurable weekly earnings calculated on the 52 weeks immediately preceding the 6-week period before the expected delivery date.

X Grant is a one-time payment, payable to a woman if she or her husband has paid 26 weekly contributions since entering the scheme and has paid 26 weekly contributions in the year immediately before the confinement.(Social Security (Benefits) (Maternity) Regulations, regs 8 and 11)

X 60% of the insured person’s average insurable weekly earnings calculated on the 52 weeks immediately preceding the 6-week period before the expected delivery date.

X Grant of ECD500 payment, payable to a woman if she or her husband has paid 26 weekly contributions since entering the scheme and has paid 26 weekly contributions in the year immediately before the confinement.(Social Security (Benefits) Regulations, regs 13 and 17)

X The costs of 65% of the insured person’s average insurable weekly earnings calculated on the 30 weeks immediately preceding the start of the benefit.

X Grant is a one-time ECD522 payment, payable to a woman if she or her husband has paid 50 weekly contributions.(Social Security (Benefits) Regulations, reg 13)

X 60% of the insured person’s average insurable weekly earnings calculated on the 30 weeks immediately preceding the start of the benefit.

X Grant is a one-time ECD600 payment, payable to a woman if she or her husband has paid 50 weekly contributions.(Social Security (Benefits) Regulations, Reg 21)


X Grant is a one-time ECD450 payment, payable to a woman if she or her husband has paid 50 weekly contributions.(Social Security (Benefits) Regulations, Reg 21)

X 65% of the insured person’s insurable wages earnings calculated on the 10 months immediately preceding the start of the benefit.

X Grant is a one-time ECD600 payment, payable to a woman if she or her husband has paid one year contributions.(National Insurance Regulations, regs 42 and 43)


X Grant is a one-time ECD600 payment, payable to a woman if she or her husband has paid one year contributions.(National Insurance (Benefits) Regulations, regs 22 and 23)

9.1.4 Family/child benefits and maternity benefits (Continued)

X


X

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Disability benefits X Payable to an insured person who has not yet reached age 60, but is unable to work again because of likely permanent illness.

X Either a pension (monthly payment) or a grant (one-time payment)(Social Security (Benefits) (Invalidity Pension and Grants) Regulations, regs 3 and 4)

X Payable to an insured person who has exhausted his/her entitlement to employment injury benefit (which is payable for a maximum period of 26 weeks), and is payable for the duration of the disability until 60.

X Either a pension or grant. (Social Security (Benefits) Regulations, reg 49)

X Payable to an insured person who has exhausted his/her entitlement to sickness benefit or where having been examined by a doctor, has been diagnosed as being permanently incapable of work.

X Payable for the duration of the disability until 60.

X Either a pension or grant.(Social Security (Benefits) Regulations, reg 22)

X Payable to an insured person who has exhausted his/her entitlement to sickness benefit or where having been examined by a doctor, has been diagnosed as being permanently incapable of work.

X Either a pension or a grant.(Social Security (Benefits) Regulations, reg 22)

X Payable to an insured person who has been medically declared an invalid and is under the age of 62.(Social Security (Benefits) Regulations, reg 22)

X Payable to a person who is unable to work as a result of a specific disease; bodily or mental disablement which is likely to remain permanent, and is not caused as a result of employment injury.


X Either a pension or grant.(National Insurance Regulations, regs 35 and 37)

X Payable to a person who is unable to work as a result of a specific disease; bodily or mental disablement which is likely to remain permanent, and is not caused as a result of employment injury.


X Either a pension or grant.(National Insurance (Benefits) Regulations, regs 26)

9.1.5 Disability benefits X

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Qualifying period and duration

X Pension: Insured must have paid contributions for at least three years before the invalidity began.

X Transitional pension: 156 weeks or 3 years of contributions.

X Reduced pension: 350-499 contributions.

X Full pension if at least 500 contributions were made.

X Grant: payable to an insured person who has not reached at least 156 weeks / 3 years contribution but has paid at least 52 weeks or 12 months of contributions.(Social Security (Benefits) (Invalidity Pension and Grants) Regulations, regs 5 and 7)

X Pension: Person must be medically certified as being no less than 30% disabled and paid 150 weeks of contributions.

X Grant: No less than 50 weeks contribution.(Social Security (Benefits) Regulations, reg 49 and Schedule)

X Pension: Medically certified as unfit for work and is likely to remain incapacitated permanently and paid 150 weeks of contributions.

X Grant: No less than 50 weeks contribution.(Social Security (Benefits) Regulations, regs 22-23)

X Pension: Medically certified as unfit for work and is likely to remain incapacitated permanently and paid 150 weeks of contributions.

X Grant: No less than 50 weeks contribution.

X Duration: As long as invalidity continues or until retirement age.(Social Security (Benefits) Regulations, regs 24-26)

X Pension: Not attained the age of 62 and paid 150 weeks of contributions.(Social Security (Benefits) Regulations, Reg 24)

X Pension: Insured person must have paid contributions for not less than 60 months with payments for 36 consecutive months immediately preceding the month of invalidity, or has paid not less than the qualifying number of months of contributions for a pension.

X Grant: has contributed to the Fund for less than 60 months.(National Insurance Regulations, regs 35 and 37)

X Pension: The insured must be younger than age 60, assessed with a disability, and have at least 150 weeks of contributions.

X Grant: has paid not less than fifty weekly contributions. (National Insurance (Benefits) Regulations, reg 26)

9.1.5 Disability benefits (Continued)

X


X

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Amount X 25% of the average annual insurable earnings for the first 500 contributions thereafter, up to a maximum of 50%.

X Grant is ECD1200 or 3/4 of the total contributions paid, whichever is greater.(Social Security (Benefits) (Invalidity Pension and Grants) Regulations, regs 6 and 8)

X Pension: 30% of the insured’s average earnings plus 1% for each 50-week period of contributions exceeding 500 weeks.

X Minimum weekly disability pension is ECD75.00 and the maximum monthly disability pension is 60% of the insured’s average monthly earnings.

X Grant: Lump sum of three times the insured’s average weekly covered earnings.(Social Security (Benefits) Regulations, reg 50 and First Schedule)



X Grant: Lump sum of three times the insured’s average weekly covered earnings.(Social Security (Benefits) Regulations, regs 22 and 23)

X Pension: 30% of the average weekly insurable earnings plus 1% for each 25-week period of contributions exceeding 500 weekly contributions.

X Grant: Lump sum of three times the insured’s average weekly covered earnings.

X Maximum pension is 60% of the insured’s weekly earnings and not less than ECD76.91 a week.(Social Security (Benefits) Regulations, regs 27 and 28)


X Minimum weekly disability pension is ECD400.00 and the maximum monthly disability pension is 60% of the insured’s average annual wages.(Social Security (Benefits) Regulations, reg 26)

X Pension: 40% of the average pensionable earnings in the best five (5) years, plus 0.1% for each month of contributions in excess of 180 months.


X Grant: Lump sum ECD600.00(National Insurance Regulations, regs 36-37)

X Temporary disability benefits: 70% of average weekly covered earnings is paid for up to 52 weeks.

X Permanent disability pension: 70% of average weekly covered earnings multiplied by the assessed degree of disability is paid. The assessed degree of disability must be greater than 30% and the insured must have exhausted entitlement to the temporary disability benefit.

X Grant: A lump sum of 6 times the average weekly covered earnings is paid for each 50-week period of contributions.(National Insurance (Benefits) Regulations, regs 30-31)

9.1.5 Disability benefits (Continued) X

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Exceptions X If an insured is entitled to an invalidity grant based on the insured person’s balance, if any, in the National Provident Fund with interest on it, together with 100% of the employee’s portion of the contributions paid to the Fund under his or her account without interest. (National Insurance Regulations, reg 37)

9.1.5 Disability benefits (Continued)

X


X

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Survivor’s benefits X Payable to certain family members of a deceased (widow, invalid widower, unmarried children under the age of 16 or under age 18 if going to school at the time of death) who was receiving invalidity or age pension or would have been entitled to those payments at the time of death.

X Either a pension (monthly) or a grant (one-time payment).

X A widower/widow must have been married before the deceased started receiving pension.Social Security (Benefits) (Survivors) Regulations, regs 4, 6, 7 and 8)

X Payable to the spouse and dependent unmarried children (below 18) of an insured who died as a direct result of employment injury.

X If no spouse and/or dependent children, then payable to dependent parents over 60 and, if there are none, then to dependent grandparents of the deceased over 60.

X Either a pension (monthly) or a grant (one-time payment).

X A widower/widow must have been married before the deceased started receiving pension.(Social Security (Benefits) Regulations, reg 36)

X Payable to the spouse (including common law) for one year or life if over 50, dependent parent and unmarried children (below 16 or 21 if in school) of an insured.(Social Security (Benefits) Regulations, regs 36-39)

X Payable to the spouse (including common law spouse) and dependent unmarried children (below 16 or 18 in full time education) of an insured.

X If no spouse and/or dependent children, then payable to dependent parents over 60 and, if there are none, then to dependent grandparents of the deceased over 60.(Social Security (Benefits) Regulations, reg 38)

X Payable to the spouse (including common law) for one year or for life if over 50, dependent parent and unmarried children (below 16 or 21 if in school) of an insured.(Social Security (Benefits) Regulations, reg 38)

X Payable to the spouse (including common law) for one year or life if over 55, dependent parent and unmarried children of an insured (below 16 or 18 in full time education).(National insurance Regulations, reg 46)

X Payable to the spouse (including common law) for one year or life if over 55, dependent parent and unmarried children of an insured.(National Insurance (Benefits) Regulations, reg 42)

9.1.6 Survivor’s benefits X

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Qualifying period and duration of payment

X A widow, 50 years or older at husband’s death, married not less than three years shall receive a pension for life or a grant.

X An invalid widow, regardless of age at husband’s death, shall receive a pension until the invalidity ceases, or a grant.

X All other widows shall receive one year’s pension.

X An invalid widower at wife’s death and married no less than three years and being wholly supported by his wife before death, shall receive a survivor’s pension or grant for as long as the invalidity continues.

X A widow, 50 years or older at husband’s death, married not less than three years, shall receive a pension for life or a grant.



X An invalid widower at wife’s death and married no less than three years being wholly supported by his wife before death, shall receive a survivor’s pension or grant for as long as the invalidity continues.

X A widow, 50 years or older at husband’s death, married not less than three years shall receive a pension for life or a grant.



X An invalid widower at wife’s death and married no less than three years being wholly supported by his wife before death, shall receive a survivor’s pension or grant for as long as the invalidity continues.

X Deceased was receiving age or invalidity pension or must have paid a minimum of 150 weeks of contributions and the spouse married before for at least three years or age 62.

X Grant is a lump sum amount payable to the dependants of a deceased insured who paid 50 to 149 weeks of contributions.(Social Security (Benefits) Regulations, regs 38 and 39)

X Deceased was receiving age or invalidity pension or must have paid a minimum of 150 weeks of contributions and the spouse married before for at least three years or age 62.

X Grant is a lump sum amount payable to the dependants of a deceased insured who paid 50 to 149 weeks of contributions.(Social Security (Benefits) Regulations, reg 38)

X Deceased was receiving or qualified for age or invalidity pension or grant.

X Must have been married before the invalidity or retirement or lived with the person for at least five years before.

X Children of an insured (below 16 or 18 in full time education).(National Insurance Regulations, regs 46-49)

X Deceased was receiving or qualified for age or invalidity pension or grant.

X Children of an insured (below 16 or 18 in full time education).(National Insurance (Benefits) Regulations, regs 42-45)

9.1.6 Survivor’s benefits (Continued)

X


Antigua and Barbuda



Qualifying period and duration of payment (continued)

X A child until 16 or until 18 or, if an invalid, for as long as the invalidity continues.Social Security (Benefits) (Survivors) Regulations, regs 4, 6, 7 and 8 )

X A child until 16 or until 18 or, if an invalid, for as long as the invalidity continues

X Grant is a lump sum amount payable to the dependants of a deceased insured who paid 50 to 149 weeks of contributions.(Social Security (Benefits) Regulations, regs 37 and 39)

X A child until 16 or until 18 or, if an invalid, for as long as the invalidity continues

X Grant is a lump sum amount payable to the dependants of a deceased insured who paid 50 to 149 weeks of contributions.(Social Security (Benefits) Regulations, regs 36-39)

Amount X 50% of the pension that the deceased insured person was receiving or would have received but not less than ECD350.00 per month.

X A child’s pension is 25% of the pension that the deceased insured person was receiving or would have received; where the child is an orphan or an invalid, the amount is 40%.

X Surviving spouse paid 50% of the amount that the deceased would have received as injury benefit had he/she submitted a claim.

X Each surviving child is paid 1/6 of the remainder of the available benefit.

X Surviving spouse is paid ¾ of the amount that the deceased would have received as disability benefit had he/she submitted a claim.

X Surviving spouse paid 50% of the amount that the deceased would have received as injury benefit had he/she submitted a claim.

X Each surviving child is paid the remainder of the available benefit.

X Surviving spouse is paid ¾ of the amount the deceased would have received as disability benefit had he/she submitted a claim.

X Each of the surviving children is paid ¼ of the remainder of the available benefit or ½ if the child is an orphan or invalid.

X Surviving spouse is paid ¾ of the amount that the deceased would have received as disability benefit had he/she submitted a claim, otherwise half if there were no survivors.

X Surviving spouse is paid ¾ of the amount that the deceased would have received as disability benefit had he/she submitted a claim, otherwise half if there were no survivors.

9.1.6 Survivor’s benefits (Continued) X

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Amount (continued) X No child shall receive less than ECD87.50 per month.

X Survivors’ grant is 75% of the total contributions (employee and employer) paid up to the time of death, or ECD1,200 whichever is greater.Social Security (Benefits) (Survivors) Regulations, regs 5, 9, 10 and 11)

X If no surviving spouse or dependent children, a dependent parent, or, if there is no such parent, a dependent grandparent shall be entitled to 1/2 of the available grant, provided that that parent or grandparent had already attained the age of 60.

X If more than one such parent or grandparent, the available grant will be shared equally(Social Security (Benefits) Regulations, regs 40 and 43)

X Each of the surviving children is paid ¼ of the remainder of the available benefit or ½ if the child is an orphan or invalid.

X Parents and other dependents, ¼.

X Grant: Five times the insured person’s average weekly insurable earnings for each 50 contributions paid by or credited to him/her. (Social Security (Benefits) Regulations, reg 40)

X If no surviving spouse or dependent children, a dependent parent, or, if there is no such parent, a dependent grandparent shall be entitled to 1/2 of the available grant, provided that that parent or grandparent had already attained the age of 60.

X If more than one such parent or grandparent, the available grant will be shared equally.

X Duration: If over 50, survivors benefit for life or until remarriage. Child until 15 or 18 if in school.(Social Security (Benefits) Regulations, reg 26)

X Parents and other dependents, ¼.

X Grant: Five times the insured person’s average weekly insurable earnings for each 50 contributions paid by, or credited to him/her. (Social Security (Benefits) Regulations, reg 43)

X Each of the surviving children is paid ½ of the remainder of the available benefit.

X Grant: Lump sum payable to dependents not meeting threshold for pension.(National insurance Regulations, regs 50 and 51)

X Each of the surviving children is paid ½ of the remainder of the available benefit.

X Grant: Lump sum payable to dependents not meeting threshold for pension.(National Insurance (Benefits) Regulations, regs 49, 50 and 50A)

9.1.6 Survivor’s benefits (Continued)

X


X

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Exceptions X A widow or widower who cohabit or remarry will have their pension ceased.Social Security (Benefits) (Survivors) Regulations, reg 6, 7 and 12)

X Where the pension available for distribution in respect of all the children is insufficient to enable payment to be made to each child, the Board shall decide to which of the children the benefit should be paid.(Social Security (Benefits) Regulations, reg 41)

X Where the pension available for distribution in respect of all the children is insufficient to enable payment to be made to each child, the Board shall decide to which of the children the benefit should be paid.(Social Security (Benefits) Regulations, reg 41)

X Where the pension available for distribution in respect of all the children is less than ECD69.92 per month to enable payment to be made to each child, the Board shall decide to which of the children the benefit should be paid.(Social Security (Benefits) Regulations, reg 41)

9.1.6 Survivor’s benefits (Continued) X

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X 10Termination of employment

OverviewOECS countries have provisions for termination of employees for fair reasons. These include termination of fixed-term contracts, termination for misconduct and termination for unsatisfactory performance, termination for illness, redundancy and collective dismissals where the business is insolvent, or the owner dies. Most jurisdictions establish a right not to be unfairly dismissed and set a limit on the employer’s right to terminate, where the employer must show just cause. Generally, employers must follow fair procedures in addition to requiring just cause. The persuasive Trinidadian authority Bank and General Workers’ Union v Home Mortgage Bank TT 1998 IC 20 demonstrates the strength of ILO Conventions in their domestic uses:

X “The principles of good industrial relations practice dictate that no worker’s employment may be terminated except for a valid reason connected with his capacity to perform the work for which he was employed or which is founded on the operational requirements of an employer’s business. These principles are enshrined in writing in ... ILO Convention No. 158... [which] has put in written form long standing principles of good industrial relations practice long-standing no consequence that the Convention has not been ratified by Trinidad and Tobago.”

Termination during probationIn most jurisdictions, an employer may terminate an employee for any reason except where it is related to the employee’s exercise of any trade union rights (such as joining or forming a union), with a maximum of 24 hours’ notice in some jurisdictions, and no notice required in most.

Termination for unsatisfactory performance

X In Antigua and Barbuda, Dominica, Montserrat and Saint Vincent and the Grenadines, the legislation requires an employer to issue a written warning outlining unsatisfactory performance. If in three months, the employee does not demonstrate satisfactory performance of duties, they may be terminated (Six months in the case of Saint Kitts and Nevis).

X In Saint Lucia on the other hand, where an employee is warned and receives a further two warnings and if in one month the performance does not improve, the employee may be dismissed.

X Where the poor performance is age-related, Saint Lucia requires offering the employee the option of early retirement or redeployment where possible.


Notice periods for employers

X Notice periods vary across jurisdictions in the OECS depending on years of experience, whether part-time or full-time staff/seasonal work, with all jurisdictions allowing an employer to elect to pay the employee wages instead of providing notice. Notice periods range from 24 hours to four months.

X Legislation which fixes the minimum notice period has been largely founded on the duration of the employment contract, the intervals between the payment of wages of the employee, and the continuous employment of the employee for the same employer excluding the probation period.

Notice periods for employeesNotice periods for employees are also established in some legislation, with usually less stringent requirements for workers in terms of the qualifying period and the length of notice. Saint Kitts and Nevis requires notice equivalent to the employers.

SafeguardsIn some jurisdictions, an employee has a right to request a statement of reasons for their termination. This is significant because the employer must comply with it, within a stipulated period, and is either bound by the contents of the statement, or limited in what evidence they may put forward concerning the termination. Generally, employers should provide workers on termination with the date of employment, category of employment in addition to the termination. Measures less than dismissalIn most jurisdictions, where misconduct does not merit termination, an employee may face a range of sanctions, including a written warning and suspension without pay for a maximum of four weeks. If the same or substantially similar conduct is repeated within six months, the employee may be dismissed for this infraction for three months in the case of Montserrat. Fining an employee is explicitly prohibited in Saint Vincent and the Grenadines except where restitution is an appropriate remedy, and this must be by agreement. Redundancy and retrenchments

In all countries, an expansive framework must be complied with to terminate an employee based on redundancy. Redundancy generally refers to a reduction in the workforce due to a number of reasons including modernization or automation; sale or disposition; reorganization; discontinuance; impossibility or impracticability to carry on at usual level as a result of (i) materials shortage; (ii) acts of God; (iii) breakdown of equipment; and/or operations reduction due to economic circumstances. (Saint Vincent and the Grenadines, Saint Lucia).

X Varying procedural requirements exist concerning redundancy. For example, Saint Lucia and Saint Vincent and the Grenadines require informing of the union or representative body in writing one month before termination of five or more employees, with the added requirement of informing the Labour Commissioner in the case of Saint Lucia. In Montserrat and Saint Kitts and Nevis, an employer must give one month’s prior notice to the Labour Commissioner of their intention to retrench ten or more employees or ten per cent or more employees on the grounds of redundancy. They must specify the number and categories of workers affected, the period over which the terminations are intended to be carried out, and the results of the consultations with any trade unions representing employees.

X Where the employer seeks to rehire within three months from termination on the basis of redundancy of employees, the former employees must be given preference.

97

X In Saint Vincent and the Grenadines where an employer intends to lay off an employee for +6 weeks and Saint Kitts and Nevis for 12 weeks, the employee may make a written request to treat the employment as being permanently terminated and the employees will be entitled to severance unless a similar offer of employment is offered.

X An employee may be laid off in Saint Lucia for a maximum of 12 weeks, after which it must be deemed a termination by redundancy.

X Where there is inadequate or non-payment of severance, recourse to a range of judicial and quasi-judicial mechanisms is available in all jurisdictions.

Fair dismissalsDismissals must be affected by a valid reason and a fair procedure.

X Where a dismissal is fair, i.e. an employee has committed serious misconduct, has been guilty of repeated misconduct or unsatisfactory performance or failure to improve after being warned about unsatisfactory performance, there is no entitlement to severance pay. A dismissal is regarded as fair in Saint Vincent and the Grenadines where an employee is found guilty in a court of law, of a criminal offence relating to their employment. In some jurisdictions (Saint Vincent and the Grenadines), there is a procedure for the Labour Commissioner to seek permission for dismissal where no reasonable employer could be expected to continue to employ the employee in that position due to some circumstance. The procedure is subject to natural justice requirements.

X Where an employee lacks qualifications or skills, the employee may be dismissed. X Termination for illness is permissible where the employee is incapable of performing their duties due to physical or mental illness over six months, and the incapacity is likely to be permanent in Montserrat, Saint Lucia, and Saint Vincent and the Grenadines, and three months in the case of Saint Kitts and Nevis.

Wrongful dismissalThe common law doctrine of wrongful dismissal arises from a breach of the implied terms of the contract of employment, or a failure to observe obligations under the contract, it focuses on the form of the dismissal. Wrongful dismissal is actionable before ordinary courts, and are subject to the usual statute of limitations for civil claims. There is no required period of continuous employment. Unfair dismissals

Unfair dismissal involves an enquiry into the overall merits of the dismissal (substance and procedure. These include dismissals on the basis of trade union activity/membership, retaliation for filing a complaint or otherwise participating in a process involving alleged breaches by the employers.

X When an employee is constructively dismissed, (i.e. where the employer’s conduct has made it unreasonable for the employee to continue the employment relationship) (Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines).

X In many countries, there is also a right for procedural fairness or natural justice which includes the right to be heard, to respond to allegations and be issued with findings (Antigua and Barbuda and Saint Vincent and the Grenadines).

Summary dismissal

Summary dismissal refers to the employer’s ability to dismiss without notice where the employee has committed a repudiatory breach of contract such that was an essential term of the contract, or the employee displays behaviour that is ‘inconsistent' with the continuation of confidence in the employment relationship. This may be understood as gross misconduct. Summary dismissal is essentially a question of fact to be determined on a case-by-case basis. Where there is gross

X Termination of employment


misconduct, no notice is required, neither is there a required procedure to be followed. On account of the highly-fact sensitive nature of a determination of whether conduct is simply misconduct or gross-misconduct, caution is necessary in approaching summary dismissal. The burden of proof that the employee’s conduct justified summary dismissal will fall on the employer. Summary dismissal should be a last resort and should only occur ‘in cases where the employer cannot, in good faith, be expected to take any other course’. Collective dismissalsWhere a business is insolvent or wound-up, the contract of employment of any employee will be terminated one month from the date of insolvency or winding-up unless the business continues to operate or has been transferred in Montserrat, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines. Where an employer dies, the contract of employment terminates one month from the date of the employer’s death, unless it is otherwise terminated in accordance with notice provisions. RemediesA range of remedies exists in varying jurisdictions including, compensation, reinstatement, re-engagement and remedies which may be considered just and equitable in all the circumstances. ExceptionsIn some jurisdictions, the provisions governing employment termination do not apply to the public sector as they are regulated under a separate regime.

99

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Is there a right not to be terminated under statute?

X Yes – a right not to be unfairly dismissed without just cause.(Labour Code, sec C56)

X Yes – an employer may terminate only in accordance with the Legislation. (PEA, sec 3)

X Yes – an employer can only terminate for cause.(Emp Act, sec 74 (1))

X Yes – an employer can terminate if it is reasonable for him to do so and that the procedures in the Code were observed.(Labour Code, sec 67)

X Yes – an employer may terminate only in accordance with the Legislation.(PEA, sec 5)

X Yes – an employer cannot terminate unless for a valid reason and in accordance with the Code. (Labour Code, sec 129)

X Yes – an employer cannot terminate employees without good cause and giving them an opportunity to defend themselves. (PEA, sec 5)

Termination during probation and notice

X 24 hours notice.(Labour Code, sec C9)

X No notice required.(PEA, sec 4)

X No notice required.(Emp Act, secs 29(8) and 82(2))

X 24 hours notice required.(Labour Code, sec 63(2))

X No notice required.(PEA sec 5(1) (a) and 5(2))

X No notice specified.(Labour Code, sec 130)

X No notice required.(PEA, sec 7)

Termination for serious misconduct and notice period

X Yes, no notice required.(Labour Code, sec C9)

X Yes, serious misconduct – No notice required.(PEA, sec 5)

X Misconduct – if committed same misconduct within six months.(PEA, sec 6-8)

X Yes, no noticed required.(Emp Act, sec 77)

X Yes, serious misconduct – no notice required.

X Repeated misconduct if committed same misconduct within six months – no further notice required.(Labour Code, sec 61)

X Yes, serious misconduct – no notice required.

X Repeated misconduct if committed twice within six months – no notice required. (PEA, secs 5(1) (b), (c) and 5(2))

X Yes, serious misconduct – no notice required. (Labour Code, sec 133)

X Repeated misconduct if committed same misconduct within 12 months and two warnings.(Labour Code, sec 135)

X Yes, no notice required.Serious misconduct (PEA, sec 15)

X Repeated misconduct if committed within six months and more than one warning.(PEA, sec 9)

Termination for unsatisfactory performance

X Yes – if no improvement after a written warning.(Labour Code, sec C59)

X Yes – if no improvement after a written warning within three months.(PEA Act, sec 10)

X Yes – for capacity.(Emp Act, sec 74 (1))

X Yes – if no improvement after a written warning within three months. (Labour Code, sec 61)

X Yes – if no improvement after two warnings in six months.(PEA sec 5(1) (C) and 5(2))

X Yes – if no improvement after two warnings within one month.(Labour Code, sec 136)

X Yes – if no improvement after more than one warning in six months.(PEA, sec 9)

10.1 Types of dismissal and their procedures including notice periods and payment in lieu of notice

X

Termination of em

ployment

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10.1 Types of dismissal and their procedures including notice periods and payment in lieu of notice (Continued)

Antigua and Barbuda



Termination via notice

X Yes - The length of time between paydays but not exceeding 30 days471 unless a longer contractual period is specified.(Labour Code, sec C9)

X Monthly-paid worker:Less than 10 years = 1 month’s notice.10 or more years = 2 months’ notice.(PEA, sec 16(2))

X Less than monthly paid worker: Less than 2 years = 1 week’s notice. 2 or more years but less than 5 years = 2 weeks’ notice.More than 4 years = 1 month’s notice.(PEA, sec 16 (3))

X Working < 1 month: 1 working day notice.

X Working 1 month but < 3 months: 1 week’s notice.

X Working 3 months but < 1 year: 2 weeks’ notice.

X Working 1 year but < 5 years: 1 month’s notice.

X Working 5 years or more: 2 months’ notice(Emp Act, sec 75)

X Working > 13 weeks but < 2 years’ service: 1 week’s notice.

X Working > 2 years but < 5 years’ service: 2 weeks’ notice.


X Working 10 years but less than 15 years: 6 weeks’ notice

X Working +15 years: 8 weeks’ notice. (Labour Code, sec 63)

X Working > 3 months but < 1 year’s service: 1 week’s notice.

X Working > 1 year but < 3 years’ service: 2 weeks’ notice.




X > 15 years’ service: 10 weeks’ notice.(PEA, sec 7)

X Working > 12 weeks but < 2: 1 week’s notice.

X Working 2 or more years but < 5 years: 2 weeks’ notice.

X Working 5 or more years but < 10 years: 3 weeks’ notice.

X Working 10 or more years: 6 weeks’ notice.(Labour Code, sec 155)

X Monthly-paid employees: 4 weeks’ notice.

X Weekly paid employees: < 1 year’s service:1 week’s notice.> 1 year but < 3 years’ service: 2 weeks’ notice. > 3 years but < 6 years’ service: 3 weeks’ notice. > 6 years’ service: 4 weeks’ notice

X Fortnightly paid employees < 2 years’ service: 2 weeks’ notice, > 2 years but < 6 years’ service: 3 weeks’ notice. > 6 years’ service: 4 weeks’ notice.(PEA, sec 14 and Schedule)

47 If an employee is paid weekly for example, the employee must be given seven days’ notice.

X

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Other type of termination allowed?

X Yes – Medical incapacity.(Labour Code, sec C16)

X Qualification and capability (Labour Law, sec C58)

X Employment in contravention of the law.(Labour Code, C58)

X Other substantial reason(Labour Code, C58)

X Termination with permission of the Tribunal.(PEA, sec 17)

X No X Yes – Medical incapacity (Labour Code, sec 60)

X Employment in contravention of the law (Labour Code, sec 61)

X Yes - Medical incapacity(PEA, 5(d))

X Yes - Incapacity and abuse of sick leave(Labour Code, sec 143)

X Lack of qualification or skill(Labour Code, sec 138)

X Yes – Guilty of a criminal offence relating to their employment.

X Lack of capacity of qualification.

X Employment in contravention of the law.

X Medical incapacity X Termination with permission of Labour Commissioner.(PEA, secs 9-11)

Payment in lieu of notice permitted?

X Yes (Labour Code, sec C9(4))




X Yes(PEA, 7(2))


X Yes (PEA, sec 14 and Schedule)

Requirement for written reasons for termination?

X Yes, within seven days of a request.(Labour Code, sec C10)

X No date specified - within a reasonable time. (PEA, sec 15)

X Not specified X Yes - No date specified(Labour Code, sec 61)

X Not specified X Not specified X Yes - No date specified (PEA, sec 34)

10.1 Types of dismissal and their procedures including notice periods and payment in lieu of notice (Continued)

X

Termination of em

ployment

101

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Measures other than dismissal

X Warnings X Suspension with or without pay for a maximum of four weeks(Labour Code, secs B3 and C59)

X Warnings X Layoff X Suspension without pay

X Reduction of hours with consent(PEA, secs 6 and 13)

X Warnings X Suspension X Demotion(Emp Act, sec 73)

X Warning X Reduction in wages or salary

X Demotion X Lay off(Labour Code, secs 58 and 74(10))

X Warning X Layoff X Suspension(PEA, secs 5(2)) and 28-29)

X Issue a warning X Suspend without pay for one month

X Lay off (Labour Code, secs 141 and 148)

X Verbal/written warning

X Suspension X Demotion (PEA, sec 19)

10.2 Measures other than dismissal

Antigua and Barbuda



Conditions for severance pay

X Redundancy(Labour Code, sec C3

X Redundancy(PEA, secs 2, 11, and 24)

X Redundancy(Emp Act, sec 84)

X Redundancy X Retirement age or resignation after 10 years.(Labour Law, sec 61(11))

X Redundancy (PEA, sec 5(1)(c))

X Redundancy (Labour Code, sec 145)

X Redundancy (PEA, secs 5(1)(c) and 12)

Qualifying period for severance pay

X One year (Labour Code, sec C40)

X Three years (PEA, sec 21)

X One year (Emp Act, sec 84)

X One year (Labour Code, sec 75)

X One year (PEA, sec 26)

X Two years (Labour Code, sec 160)

X Two years (PEA, sec 25)

10.3 Termination due to redundancy

X

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Severance pay amount

X One day’s pay per month of employment.(Labour Code, sec C41)

X Five years or less service: One week’s pay for each year of service plus 2 weeks’ pay for each year in excess of 3 years’ service.

X > 5 to 10 years’ service: 9 weeks’ pay plus 2 weeks’ pay for each year in excess of 5 years.

X Over 10 years’ service: 19 weeks’ pay plus three weeks for each year of service in excess of 10 years. Limited to 52 weeks.(PEA, secs 21 and 22)

X 1 week’s wages per each completed year of service.(Emp Act, sec 84)

X < 5 years’ service: 2 weeks for each year of service.

X > 5 but < 10 years’ service: 2.5 weeks per year of service;

X > 10 but <15 years’ service: 3 weeks per year of service for each year.

X > 15 years’ service: 3.5 weeks per year of service.481 (Labour Code, sec 75)

X < 5 years’ service: 2 weeks for each year of service.

X 5 or more years but < 10 years’ service: 3 weeks per year of service.

X 10 or more years’ service: 4 weeks per year of service for each year.49 2 Limited to 52 weeks(PEA, sec 30)

X 2 to 3 years’ service: 1 week’s pay for each year of service.

X > 3 to 7 years’ service: 2 weeks’ basic pay for each year of service.

X > 7 years’ service: 3 weeks’ pay for each year of service.503 (Labour Code. sec 160)

X 2 to 10 years’ service: 2 weeks’ pay for each year of service.

X 11 to 25 years’ service: 3 weeks’ pay for each year of service.

X > 25 years’ service: 4 weeks’ pay for each year of service

48 A part-time employee satisfies the conditions as to length of service if he or she had worked with the same employer and any predecessor-employer for at least a consecutive four-year period.

49 In the case of seasonal workers, an employee who has worked for the same employer on a seasonal basis for the three seasons immediately preceding the termination of his or her employment, qualifies for severance if he or she has worked for the same employer for three-fourths of the number of working days in each season in each of the reckonable years - where the rate shall be one week’s pay for each period that such employee qualifies.

50 Part-time employees shall qualify for redundancy pay where he or she has been continuously employed for an aggregate of two years and he or she works for not less than three days of each week.

10.3 Termination due to redundancy (Continued)

X

Termination of em

ployment

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Is collective dismissal recognized?

X Collective dismissal can occur as a result of redundancy.(Labour Code, sec C3)

X Collective dismissal can occur as a result of redundancy.(PEA secs, 2 and 11)

X Collective dismissal can occur as a result of insolvency or death of employer.(Emp Act, secs 86 and 87)

X Collective dismissal can occur as a result of redundancy, insolvency or winding up or death.(Labour Code, sec 69)

X Collective dismissal can occur as a result of redundancy, bankruptcy, death of employer.(PEA, sec 5)

X Collective dismissal can occur as a result of redundancy, death of employer, act of God, insolvency or winding up.(Labour Code. secs 145, 150, 151 and 153)

X Collective dismissal can occur as a result of redundancy, insolvency or winding up.(PEA, sec 21)

10.4 Collective dismissal due to economic or operational reasons

Antigua and Barbuda



Complaints procedure for termination

X Yes (Labour Code, secs C44, K5-K10 and C60-64)

X Yes (PEA, secs 36)



X Yes(PEA, sec 43)


X Yes (PEA, secs 17 and 35-40)

Complaints procedure for redundancy

X Yes(Labour Code, secs C47 and C55(1))

X Yes (PEA, sec 36)

X Yes(Emp Act, sec 84(5))

X Yes(Labour Code, sec 75(6))

X Yes(PEA, secs 31 and 34)


X Yes(PEA, secs 35-40)

Claims may be brought by another person or group acting on behalf of an affected individual

X Yes X Yes X No X No X Yes X Yes511 X Yes

51 Where the certified trade union at the workplace is of the opinion that conditions of redundancy do not exist at the workplace, the trade union may lodge an objection to the redundancy with the Labour Commissioner. Where the Labour Commissioner is of the opinion that an objection to a redundancy is reasonable, the Labour Commissioner shall, in writing, notify the employer of the objection and shall order the employer to make immediately available to the Labour Commissioner, the accounts, statements and other relevant documents of the industrial establishment of the employer claimed to be in a condition of redundancy.

10.5 Claim processes, representation, tribunal and court

X

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Referral to Minister X Yes X Yes X Yes X No X No X No X No

Formal hearing before a hearing officer

X Yes X No X *Arbitration X Yes X No X Yes (Direct complaints)

X Yes

Appeal or referral to tribunal/court

X Yes X Yes X No X No X No X Yes X Yes

10.5 Claim processes, representation, tribunal and court (Continued)

X

Termination of em

ployment

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Photo compliments: Christina Morillo from Pexels

107

X 11Labour relations

OverviewLabour Laws in the region address the regulation of collective bargaining relations:521

X determination of appropriate bargaining units; X determination of trade union recognition; X intervention of the State in the national/community interest; X compulsory dispute resolution machinery in the essential services / industries; X statutory powers to establish arbitration tribunals or boards of inquiry; X establishment of final adjudication machinery in the form of Industrial Courts and standing Industrial Tribunals;

X requirements for greater accountability by trade unions and employer organizations to their membership and for fulfilling statutory obligations;

X greater social protection; and X employment protection.

Freedom of association Freedom of association refers to the rights of workers and employers to create and join organizations that represent them, such as trade unions and employers’ associations. Workers must be free to choose how they are represented, and employers must not interfere in the process. Likewise, unions are prohibited from interfering in employer organizations. Freedom of association is strongly protected constitutionally in all jurisdictions, and there is an explicit right protected in the Labour legislation in Antigua and Barbuda, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia and Saint Vincent and the Grenadines. There are likewise strong protections related to dismissals linked to trade union membership and activity. In their exercise of rights to freedom of association, there are explicit prohibitions in Antigua and Barbuda, Grenada and Montserrat concerning discrimination.

Requirements for a trade union to be a bargaining unit

Generally, to be recognized as a bargaining unit, a union is required to have a majority of employees in a bargaining unit. Generally, there is a process of recognition laid out statutorily for the recognition of a union as the bargaining unit. These application processes are generally made to the Minister of Labour or the Labour Commissioner.

52 SKN and SVG do not regulate this area legislatively.


Collective bargaining and collective agreementsLegislation in all jurisdictions establishes a duty to meet at reasonable times and confer in good faith. The result of these negotiations, in relation to collective agreements, are regulated, and generally, agreements must be in writing and signed, including the effective date and duration, and finally, establish procedures for the avoidance and settlement of disputes and establish means to settle differences arising out of the interpretation, application and administration of the agreement. All jurisdictions with legislative coverage require the registration of the agreements. In Grenada, collective agreements are not legally enforceable. Regulation and procedures for industrial actions and strikes A strike is a planned collective action by workers due to a labour dispute in which working time is lost. It can include complete work stoppages, sit-ins, go-slows and overtime bans. Workers have the fundamental right to strike across the OECS. Strikes should be carried out in a legal, orderly and peaceful fashion, only as a last resort if negotiations fail. Provisions vary across jurisdictions in terms of the procedural requirements. In five jurisdictions, with the exception of Saint Kitts and Nevis and Saint Vincent and the Grenadines, there are procedures governing industrial actions and strikes usually involving notice to a member of the Executive (the Minister of Labour or the Labour Commissioner), a period for settlement/cooling-off and then allowance for striking.

Essential workersAll jurisdictions except Saint Kitts and Nevis and Saint Vincent and the Grenadines provide explicit limits on the ability of essential workers to strike, with varying procedures to be followed in differing jurisdictions to escalate to permissible strike action for essential service workers.

Settlement of disputes by courtsA robust system for settlement of strikes exists in all jurisdictions for which there is information. The process enables a focus on voluntary settlement including conciliation, arbitration and finally engagement with a Tribunal if these mechanisms fail. In some jurisdictions, the High Court can be used to enforce an award such as in Grenada, Montserrat, and an appeal or judicial review may lie for Saint Kitts and Nevis and Saint Lucia respectively.

109

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Is there freedom to establish either an organization of employers or workers?

X Yes, broad explicit statement of the right in Code and Constitution.531 (Labour Code, A3(5); K3) (Constitution, sec 13)

X No explicit right in Legislation but implied.

(IRA sec 65)

X Yes, there is broad and explicit right in the Labour Relations Act. (LRA, Part V)

X Yes, there is broad and explicit right contained in the Labour Code.(Labour Code, Part 12)

X Yes, there is broad and explicit right to form a trade union. There is an implicit right to join a trade union.(Trade Union Act, secs 13(1) and 14)

X Yes, there is broad and explicit right contained in the Labour Code.(Labour Code, secs 8, 326 and 329)

X Yes, there is broad right to establish and join trade union.(Trade Union Act)(The Civil Service Orders state at para 3.17);(PEA, sec 16)

Are there any exceptions?

X Public sectors workers restricted but allowed representative bodies.

X Specific protection for teachers and prison officers to join.(Civil Service Act, sec 24; regs 47 and 51); (Education Act, sec 137(J)); (Prison Act, sec 27)

X While the Trade Union Act doesn’t have any restrictions, the Industrial Relations Act does not apply to the State.(Trade Union Act, sec 2(3)); (Police Act, sec 33(1)); (Education Act, No. 11 of 1997, Sec 132(j))

X The law does not apply to the police or armed forces or prison officers.(LRA, sec 3)(Prison Act, sec 42(1))

X Does not apply to the police service.(Labour Code, sec 134)

X Does not apply to the police service.(Police Act, sec 72);(Public Service Act, sec 8(1)); (Education Act 2005, sec 136(j))

X Does not apply to the protective services.(Labour Code, sec 325); (Public Service Rule 4.17); (Education Act, sec 137(j)); (Fire Service Act, sec 35); (Police Act, sec 40); (Correctional Services Act, sec 12)

X Does not apply to the police service(The Police Act, sec 71)

53 Exceptions for the public sector which allow representative bodies but not trade unions. Teachers and prison officers have rights to join representative bodies.

11.1 Freedom of association

11.1.1 Freedom to establish and join an organization of employers or workers

X

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11.1.2 Protection of workers from discrimination based on trade union membership/activity

Antigua and Barbuda



Is there explicit and specific protection of trade unions (TUs) and employer organizations (EOs)?

X Yes, on the basis of union membership.(Labour Code, K4(1))

X Yes, on the basis of union membership and protection of an employer by reason of his/her membership in a trade union. (IRA, sec 65); (PEA, sec 10)

X Yes, on the basis of union membership.(LRA, sec 26)

X Yes, on the basis of union membership.(Labour Code, secs 136 and 62)

X No provision on discrimination. There is only a prohibition on termination on the basis of union membership.(PEA, sec 11)

X Yes, right of an employee not to be discriminated against in their right to freedom of association rights.(Labour Code, sec 8); (Labour Code, secs 267 and 268)

X No provision on discrimination. There is only a prohibition on termination on the basis of union membership.(PEA, sec 16)

11.1.3 Protection of trade unions and employers’ organizations from interference by the government

Antigua and Barbuda



Is there explicit and specific protection of trade unions (TUs) and employer organizations (EOs) from governmental interference?

X Yes, Constitutional rights of freedom of association and assembly and the right to form or belong to trade unions or associations to protect his/her interests.(Constitution, sec 13)







X

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Are there any exceptions?








11.1.3 Protection of trade unions and employers’ organizations from interference by the government (Continued)

Antigua and Barbuda



Is there explicit and specific protection of trade unions from employers’ organizations

X Yes, explicit prohibition in Labour Code.(Labour Code, K4(1)); and H3(1))

X Yes, explicit prohibition in IRA.(IRA, sec 65)

X Yes, explicit prohibition in Labour Relations Act.(LRA, sec 26(3))

X Yes, explicit prohibition in Labour Code.(Labour Code, sec 137)

X No explicit prohibition, but can be implied from other provisions.(Trade Union Act, sec 9)

X Yes, explicit prohibition in Labour Code.(Labour Code, sec 328 and 330)

X No specific prohibition, but implied from other provisions.(Trade Union Act, sec 30); (PEA, sec 16)

Is there explicit and specific protection of employers’ organizations (EOs) from trade unions’ (TUs) interference?

X No specific prohibition but can be implied as the EOs can only be registered if they demonstrate they are not under the control of any other entity (including a TU).(Labour Code, H3(2))

X Yes, explicit prohibition of a trade union from interfering in an employer’s organization.(IRA, sec 66)

X No specific provision but can be implied from the employer’s right to exercise the right of an EO.(LRA, sec 27)

X No specific prohibition, but can be implied from other provisions.

X No specific prohibition, but implied from other provisions.(Trade Union Act, sec 9)

X Yes, explicit prohibition of a trade union from interfering in an employer organization.(Labour Code, secs 329 and 330)

X No specific prohibition, but implied from other provisions.(Trade Union Act, sec 30)

11.1.4 Protection of trade unions and employers’ organizations from interference by each other

X

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11.1.5 Protection of employers’ organizations and trade unions in formulating their constitution and in programming

Antigua and Barbuda



To what extent do employers’ organizations and trade unions have freedom to formulate their constitution?

X Can draw up its own constitution once it is not inconsistent with the statutory objectives.(Labour Code, G18 and H6(14))

X Can draw up its own rules but must contain certain information required by statute.541

(IRA, sec 14 and Schedule)

X Can draw up its own rules but must contain certain information required by statute.(LRA, sec 16 and Schedule)

X Can draw up its own rules but must contain certain information required by statute.(Labour Code, sec 143 and Schedule)

X Can draw up its own rules but must contain certain information required by statute.(Trade Union Act, sec 24 and Schedule)

X Can draw up its own rules but must contain certain information required by statute.(Labour Code, sec 340 and Schedule)

X Can draw up its own rules but must contain certain information required by statute.(Trade Union Act, sec 17 and Schedule)

To what extent do employers’ organizations and trade unions have freedom to decide their own programming activities?

X Can apply its funds for any lawful object or purpose and authorized by its constitution.(Labour Code, G14)

X No limit set out in the Law.

X Can engage in lawful union activities.(LRA, secs 25 and 27)

X No limit set out in the Law.

X Can engage in lawful union activities.(Trade Union Act, sec 16)

X No limit set out in the Law. Can take part in lawful activities.(Labour Code, sec 326 and 329)

X No limit set out in the law.

54 This includes the name of the trade union, its objects, how they propose to make, alter/amend or rescind rules, for the appointment and removal of officers, keeping accurate accounts, provision on investment of funds, the inspection of books and the manner of dissolving the union.

11.1.6 Freedom of trade unions and employers’ organizations to form or join federations

Antigua and Barbuda



What provisions are there for trade unions forming and joining federations?

X No provision for right to join federations but provides for registration of federations. (Labour Code, H3)

X No provision related to federations but nothing preventing it.

X Explicit right to form, participate in, be affiliated to, or join a federation of trade union.(LRA, secs 29 and 30)

X Explicit right to form, participate in, be affiliated to, or join a federation of trade union.(Labour Code, sec 139)


X Explicit right to form, participate in, be affiliated to or join a federation of trade union.(Labour Code, sec 332)

X No provision related to federations.

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What provisions are there for employers’ organizations forming and joining federations?

X No provision for right to join federations but provides for registration of federations.(Labour Code, H3)


X Explicit right to form, participate in, be affiliated to, or join a federation of employer organizations.(LRA, secs 29 and 30)

X Explicit right to form, participate in, be affiliated to, or join a federation of employer organizations.(Labour Code, sec 139)

X No provision related to federations but nothing preventing it

X Explicit right to form, participate in, be affiliated to, or join a federation of employer organizations.(Labour Code, sec 332)

X No provision related to federations.

11.1.6 Freedom of trade unions and employers’ organizations to form or join federations (Continued)

Antigua and Barbuda



What are the requirements to join a trade union/employer organization?

X Being an employee within one of the categories represented or an employer.(Labour Code, H6 and H7)

X No provision in Trade Union Act on membership.

X Anyone under its Constitution entitled to join and pay the requisite fee.(LRA, sec 28)

X Anyone under its Constitution entitled to join and pay the requisite fee.(Labour Code, sec 138)

X No statutory restrictions other than minors.(Trade Union Act, sec 26)

X Anyone under its constitution entitled to join and pay the requisite fee.(Labour Code, sec 331)

X No statutory restrictions other than minors.(Trade Union Act, sec 5)

Are there prohibitions on discrimination?

X There is an explicit provision that a qualified person cannot be arbitrarily or discriminatorily be excluded.(Labour Code, H6 and H7)

X Yes, no trade union can discriminate in terms of membership.(IRA, sec 66)

X Organization cannot discriminate on grounds outlined in Act or impose any unjust condition or restriction.551 (LRA, sec 28)

X Organization cannot discriminate on the grounds outlined in the Act or impose any unjust condition or restriction.(Labour Code, sec 138)

X No specific provision.



55 The grounds of race, sex, religion, ethnic origin, national extraction, colour, indigenous population, social origin, political opinion, disability, age, pregnancy, marital status or family responsibilities.

11.1.7 Membership of trade unions and employers’ organizations

X

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11.2 Requirements for a trade union to be a bargaining unit

Antigua and Barbuda



What are the requirements for a trade union to be recognized as a bargaining unit?

X Have a majority of employees in a bargaining unit.(Labour Code, J4)

X Have a majority of employees in a bargaining unit. (IRA, sec 20)

X Have as members in good standing, a majority of the employees of an employer in a bargaining unit.(LRA, sec 33)

X Have as members in good standing, a majority of the employees of an employer in a bargaining unit.(Labour Code, sec 163)

X There are no legislative provisions in this area.

X Have as members in good standing, a majority of the employees of an employer in a bargaining unit.(Labour Code, sec 357)


What is the process for being recognized?

X Seek recognition from employer if not received or cause a poll.(Labour Code, J14 and J6)

X Seek recognition from employer if not received or cause a poll.(IRA, secs 20, 23 and 26)

X Make an application to be certified as the exclusive bargaining agent with the relevant documents and served on the employer.(LRA, sec 34)

X Make an application to be certified as the exclusive bargaining agent with the relevant documents and served on the employer.(Labour Code, sec 165)

X n/a X Make an application to be certified as the exclusive bargaining agent with the relevant documents and served on the employer.(Labour Code, sec 358)

X n/a

To whom is the application made?

X Labour Commissioner(Labour Code, J6)

X Employer in first instance, Minister responsible for Labour.(IRA, secs 20 and 26)

X Minister(LRA, sec 33)

X Labour Commissioner. (Labour Code, sec 163)

X Labour Commissioner.(Labour Code, sec 357)

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What are requirements/ conditions which inform the bargaining process?

X The employer and employee representative must meet at reasonable times and confer in good faith.(Labour Code, K4(3))

X The employer and the employee have a duty to enter negotiations with each other and collectively bargain in good faith.(IRA, sec 45)

X The employer and the employee have a duty to enter negotiations with each other and collectively bargain in good faith.(LRA, sec 44)

X The employer and the employee have a duty to enter negotiations with each other and collectively bargain in good faith.(Labour Code, sec 174)


X The employer and the employee have a duty to enter negotiations with each other and collectively bargain in good faith.(Labour Code, sec 368)

X There are no legislative provisions on this area.

11.3 Collective bargaining process (good faith, etc.)

Antigua and Barbuda



Are the contents of a collective agreement regulated by statute?

X Must be in writing since it must be filed.(Labour Code, G 20)

X Must be in writing. (IRA, sec 50)

X Must be in writing and signed.

X Include effective date and duration.

X Establish procedures for the avoidance and settlement of disputes.

X Establish means to settle differences arising out of the interpretation, application and administration of the agreement.(LRA, sec 44)

X Must be in writing and signed

X Include effective date and duration

X Establish procedures for the avoidance and settlement of disputes

X Establish means to settle differences arising out of the interpretation, application and administration of the agreement.(Labour Code, sec 183)

X There are no legislative provisions dealing with this area

X Must be in writing and signed

X Include effective date and duration

X Establish procedures for the avoidance and settlement of disputes

X Establish means to settle differences arising out of the interpretation, application and administration of the agreement.(Labour Code, sec 378)

X There are no provisions dealing with collective agreements.

11.4. Collective agreements

X

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11.4. Collective agreements (Continued)

Antigua and Barbuda



Are there any requirements for registration?

X Yes, must be filed with the Labour Department. (Labour Code, G20)

X Yes, must be filed with the Minister of Labour.(IRA, sec 50)

X Yes, it must be lodged with the Labour Commissioner.(LRA, sec 44)

X Yes, it must be lodged with the Labour Commissioner. (Labour Code, sec 183)

X n/a X Yes, it must be lodged with the Labour Commissioner.(Labour Code, sec 378)

X n/a

Are there any requirements/ regulation of the enforceability of collective agreements?

X Yes, they are enforceable if the agreement states that it is intended to be legally enforceable (Labour Code, K25)

X Yes, it is binding.(IRA, sec 49)

X No (LRA, sec 44)

X Yes, it is enforceable.(Labour Code, sec 184)

X n/a X Yes, it is enforceable.(Labour Code, sec 379)

X n/a

11.5. Regulation and procedures for industrial action and strikes

Antigua and Barbuda



Is there an explicit right to picket/ abstain from work and like conduct?

X No separate right to picket but there is provision for strike and lockouts which include picketing.(Labour Code, A5 and K19)

X No explicit right to picket. There is a provision for strike and lockouts.(IRA, secs 61 and 64).

X An explicit right to picket. There is a provision on strike and lockouts. (LRA, sec 64)

X An explicit right to picket.(Labour Code, sec 153)

X An explicit right to picket.(Trade Union Act, sec 10)

X An explicit right to picket.(Labour Code, sec 384)

X An explicit right to picket.(Trade Union Act, sec 31)

X

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Are there regulations governing industrial actions or strikes specifically?

X Yes(Labour Code, K19-K22)

X Yes(IRA, secs 61 and 64).

X Yes(LRA, secs 64, 66 and 69)

X Yes(Labour Code, sec 29

X No X Yes(Labour Code, sec 383)

X No

What are the relevant procedures, if any?

X None X Dispute must be reported to Minister; if within 14 days it is not referred, a strike may occur.(IRA, secs 61 and 64)

X None X Refer to the Commissioner.

X If no settlement and majority of workers vote to strike

X Three days’ notice given to the Minister, the employer and any other interested party, of an intention to embark on the industrial action.(Labour Code, sec 29)

X N/A X No procedure provided

X N/A

11.5 Regulation and procedures for industrial action and strikes (Continued)

X

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11.6 Regulation and procedures for industrial action and strikes

Antigua and Barbuda



Are there any limits on the ability of essential services to strike?

X Yes(Labour Code, K20, K22 and K23);(Essential Services Act, sec 4)

X Yes(IRA, secs 59, 60 and 61)

X Yes(LRA, sec 50 & 2nd Schedule)

X YesLabour Code, sec 29)

X There are no provisions relating to industrial disputes.


X There are no provisions relating to industrial disputes.

Under what circumstances may essential services strike?

X Where the Minister declares that it is not a major trade dispute.(Labour Code, K20);(Essential Services Act, sec 4)

X It can take place once the dispute is not before the Tribunal.(IRA, sec 60(2))

X It can take place once the dispute is not before the Arbitration Tribunal.(LRA, sec 50 & 2nd Schedule)

X None(Labour Code, sec 29)

X N/A X Once the dispute is not before the Tribunal or 31 days after the dispute has been referred for settlement.(Labour Code, sec 392)

X N/A

How are the grievances of essential workers addressed?

X First to the Minister and if no settlement, then to the Tribunal for Arbitration.(Labour Code, K14-16)

Refer trade dispute to the Minister and if not settled, then to the Labour Tribunal for Arbitration.(IRA secs 59, 60 and 61)

X Refer trade dispute to the Minister and if not settled, then to the Arbitration Tribunal.(LRA, secs 45, 46 and 50)

X Refer trade dispute to the Minister and if not settled, then to the Labour Tribunal.(Labour Code, secs 22-27)

X N/A X Report to the Minister and if not settled, referred to the Tribunal.(Labour Code, sec 391)

X N/A

X

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Is there a mechanism for voluntary settlement?

X Yes X Yes X Yes X Yes X Yes X Yes X There are no provisions relating to industrial disputes.

Is conciliation provided for?

X Yes, before a Labour Commissioner.(Labour Code, B5)

X Yes, before a Labour Commissioner.(IRA, sec 57)

X Yes, when there are arrangements for it in an industry or collective agreement.(LRA, sec 49)

X Yes, Labour Commissioner.(Labour Code, sec 22)

X Yes, Labour Commissioner.(PEA, sec 56); (Labour Act, sec 6)

X Yes, Labour Commissioner and when there are arrangements for it in an industry or collective agreement.(Labour Code, secs 389 and 402)

X N/A

If settlement fails, or it is not provided for, what is the next step?

X Refer to the Arbitration Tribunal.(Labour Code, K15)

X Refer to the Arbitration Tribunal.(IRA, sec 59)

X Refer to the Arbitration Tribunal with consent of parties.(LRA, sec 46)

X Refer to the Tribunal.(Labour Code, sec 22)

X Refer to Minister then to Hearing Officer.(PEA, sec 56);(Labour Act, sec 6)

X Refer to the Tribunal if both parties agree or Minister could step in.(Labour Code, secs 387-390).

X N/A

What is the mechanism for a final and binding resolution?

X Decision of Tribunal is binding.(Labour Code, K17)

X Decision of Tribunal is binding.(IRA, sec 60)

X Decision of Tribunal is binding if the Minister stipulates. (LRA, sec 49)

X Awards of the Tribunal are binding.(Labour Code, sec 28)

X No provision. X Awards of the Tribunal are binding.

X N/A

Is there a role for the High Court?

X No X No X Infringement of right to freedom of association to High Court.(LRA, sec 31)Can be used to enforce an award

X Yes, an award of the Tribunal shall be recoverable as a civil debt.(Labour Code, sec 27)

X Yes, if dissatisfied with any recommendation or findings may appeal to a Judge in Chambers. (PEA, sec 56(8))

X A party can apply to the high court for judicial review in respect of any decision of the Tribunal.(Labour Code, sec 436)

X N/A

11.7 Settlements of industrial dispute by court, tribunal and/or other body (mechanisms and procedures)

X

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ILOLabour Law

Guide for the Organisation of Eastern Caribbean States